Comitês de resolução de disputas (dispute boards): contemporâneo estímulo à consensualidade no âmbito nacional de solução de controvérsias com a Administração Pública

Abstract

Contemporary Administrative Law has enhanced the consensus expressed in intense contractualization and new alternatives for resolving disputes within the scope of Public Administration. Under this influence, this article aims to analyze the insertion of Dispute Boards as a new consensual way for conflict resolution at the state-owned level, as well as contextualizing it in the consensual and contractual tendencies of Public Administration in Brazil in the 21st century. To do so, initially, the characteristics of the contemporary way of administering public affairs and its unbureaucratic, flexible, infrastructural, networked, concerted and multipolar characteristics will be analyzed. Then, the analysis of the effects of consensuality on the phenomena of contractualization and insertion of new alternative ways of conflict resolution is carried out, where it is concluded that the canon of the supremacy of the will of the Public Administration, although still existing, is no longer absolute and that the protagonism of administrative acts was replaced by contracts under the influence of the encouragement of dialogue and consensus characteristic of contemporary Public Administration. In addition, the Institute of Dispute Boards is analyzed with its main characteristics that include it in the premises of the new Public Administration, demonstrating that its use is consistent with the ideals of agility, pacification and preservation of business celebrated in strict accordance with the dictates of consensualism and, by consequence, of the very traits of Public Administration of the 21st century.