Critérios para submissão de conflitos aos dispute boards e sua utilização pela adminsitração pública: estudo comparativo com outros métodos de resolução de conflitos

Abstract

For a long time, the adoption of alternative or appropriate dispute resolution methods within the Public Sector was met with great skepticism, as it was believed that submitting conflicts to such methods would be tantamount to relinquishing the (non-disposable) public interest. In recent decades, however, the understanding of public interest and its non-disposability has evolved. Regarding dispute resolution, it has come to be recognized that alternative methods of conflict resolution can, in fact, be one of the ways to better achieve public interest. This shift has led to greater popularity of these mechanisms and increased their adoption by the Public Sector. Arbitration and Mediation are now frequently used in the public sector. Both have specific legislation that defines the types of rights that may be submitted to them. Now, with the enactment of Law No. 14,133/2021, federal legislation has encountered another dispute resolution mechanism, the Dispute Board which, until then, existed only at the municipal level and in other countries. This study, through a comparative analysis with other methods, seeks to identify a criterion capable of defining which conflicts may be submitted to Dispute Boards, considering their differences and similarities especially the fact that this mechanism can be both heterocompositive and autocompositive.