AUTOCOMPOSIÇÃO NO ÂMBITO DA ADMINISTRAÇÃO PÚBLICA FEDERAL: A VIABILIDADE DA APLICAÇÃO DA MEDIAÇÃO NA SOLUÇÃO DE CONFLITOS EM PROCESSOS ADMINISTRATIVOS DISCIPLINARES

Abstract

This monographic work deals with the applicability of conflict mediation in administrative disciplinary processes (DAP) considering the current normative set. The growing movement in favor of the use of self-composition methods in the Brazilian order perfectly matches the process of modernization of the State, in the search for efficiency and social pacification. Despite the advances, there is still a lot of resistance in the use of mediation in conflicts internal to the public administration. With the enactment of Law No. 13,140/2015, a change of outlook was expected, but the lack of express provision frustrated expectations. Despite this, under the lens of the principle of legality, it was possible to reconstruct the concepts of the principles of legality, supremacy and unavailability of the public interest, which allowed for the laying of the foundations of interpretation that allowed us to verify the feasibility of using mediation in administrative prosecutions . Therefore, an exploratory research was carried out using a bibliographic approach, using books, articles, monographs and exhibitions at events as a source. In the analysis of the norms, the interpretative and integrative method was used, which allowed us to look at mediation and the PAD in a different way, initially antagonistic in their principled bases, allowing their compatibility. Thus, initially the principles of Administrative Disciplinary Law were studied, presenting the principle of legality as its modulator, under the prisms of human dignity, reasonableness and proportionality. When studying mediation, it was possible to verify that it is a more advantageous procedure than the traditional PAD, as it is more economical, effective and less stressful. When confronted, the principles of mediation are consistent with the principles of public administration, allowing the conclusion that this consensual method is able to be immediately applied also to the resolution of disputes in cases of conflicts involving the practice of administrative irregularities.