Navegando por Autor "Santos, Fernando Xavier dos"

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    A advocacia pública em tempos de consensualidade : a autocomposição de conflitos no âmbito da AGU e da AGE-MG
    (Fundação João Pinheiro, 2021) Santos, Fernando Xavier dos; Oliveira, Kamila Pagel de; http://lattes.cnpq.br/3216062751491834; Oliveira, Kamila Pagel de; Ferreira, Kaline Santos; Campos, Marcelo Barroso Lima Brito de
    The study deals with the analysis of the self-composition of conflicts in the field of public law, specifically within the scope of the Attorney General of the Union and the Attorney General of the State of Minas Gerais, inserted in a context of search for consensus. Therefore, it adopts the theoretical assumptions about access to justice, considering the need to search for alternative forms of conflict resolution, taking into account the context of excessive judicialization in Brazil and low satisfaction with the results obtained through the judiciary. The paper presents the objectives of analyzing whether the adoption of self-composition methods of conflict resolution such as mediation and conciliation represent a gain for public administration under aspects of efficiency, effectiveness, celerity and social pacification. Another objective is the analysis of the structures adopted for both the AGU and AGE-MG and whether the first helped or served as a model for the latter. Methodologically, procedures were adopted for systematic review of the bibliography of the theme, documentary research of legal and normative acts, analysis of quantitative data on the consensual performance of the aforementioned bodies and semi-structured interviews with members of both public law institutions working in self-composition. The results obtained show that the model adopted by the AGU for its conciliation and mediation chamber influenced and in some part served as a model for the structure implemented by AGE-MG. It was also possible to demonstrate that the adoption of consensual methods contributes to greater effectiveness and social pacification in the performance of public law agencies. Under the efficiency aspects, it was revealed the low consolidation by the public administration of data that allows an adequate study, which then boiled down to the analysis of the perception of the actors involved under the theme. Finally, the prospects for the future and the main challenges to be faced are presented, with emphasis on the need for expansion for a larger scale action.