DESAFIOS À IMPLEMENTAÇÃO DA LEI DA MEDIAÇÃO NOS CONFLITOS ADMINISTRATIVOS

Abstract

This study examines the challenges to implementing mediation as an instrument for consensual dispute resolution within Brazil’s Public Administration, considering legislative developments and the consolidation of appropriate dispute resolution methods as a response to excessive judicialization, procedural delays, high costs, lack of transparency, and state inefficiency. The research is grounded in the finding that, although Law No. 13,140/2015, the Code of Civil Procedure (CPC, 2015), and Law No. 13,655/2018 have produced significant legislative advances, practical application remains constrained by cultural, legal, institutional, and training-related barriers. From this perspective, the study investigates how the adversarial tradition of Public Administration, the limited implementation of public policies for the training of public agents, and resistance from oversight bodies have hindered the effectiveness of mediation. Furthermore, it is evident that the so-called apagão das canetas —a paralysis of decision-making caused by managers’ fear of personal liability—constitutes one of the principal obstacles to innovation and the use of mediation, underscoring the need for an environment that harmonizes legal certainty with administrative efficiency. Therefore, although the integration between the Law of Introduction to the Rules of Brazilian Law (LINDB) and mediation practice represents a decisive step forward for Brazilian Administrative Law—providing greater predictability and confidence to managerial decisions and encouraging collaborative solutions—the analysis remains predominantly theoretical-normative. This highlights the need for future research involving empirical assessments across different institutions to evaluate the impact of mediation on reducing litigation and restoring relationships.