The consensual turn in the solution of controversies within the scope of democratic public administration in Brasil and its implications for the administrative legal regime: the combination of advertising and confidentiality in conflict mediation

Abstract

The purpose of this article is to present the self-composing means applicable to Public Administration, especially mediation, with regard to the combination of the administrative principle of advertising with the Private Law principle of confidentiality provided for in Law No. 13,140/2015, in order to make it compatible. them with the parameters of the new administrative legal regime informed by the paradigm of Democratic Public Administration. Developed in three sections, the first section of the paper explains the consensual turn in the solution of controversies in the scope of Public Administration; the second frames mediation as a non-adversarial form of conflict resolution whose objective is to encourage a new culture within the scope of the resolution of administrative conflicts; the third combines the new administrative legal regime with the consensual means of resolving conflicts, explaining the combination of the principle of advertising with confidentiality in the context of the solution of these conflicts in the Public Administration. In view of the reaffirmation of the public policy of encouraging consensual means, ratified in several provisions in the national order, the work is justified as a possibility to investigate and establish critical contents that collaborate to understand this new model of handling disputes within the scope of Public Administration.