A VIEW ON THE MEDIATION STATUTE (STATUTE No. 13.140/2015)

THE CONFLICT RESOLUTION BY PUBLIC ADMINISTRATION

Authors

  • Marcos Paulo Alvarenga Pinto Universidade Federal Fluminense

DOI:

https://doi.org/10.46560/meritum.v17i1.9036

Abstract

The object of this paper is an descriptive and critical analysis of Chapter II of Statute no. 13.140/2015, a statute that brought to the brazilian legal system not only the principle and regulation of the institute of conflict mediation, but also the possibility of use of the same method by the Public Administration. From this the main problem that permeates all the paper is extracted, consisting in the incompatibilities of the characteristics of government companies with the use of a resolving method from private law. Therefore, the paper seeks to carry out an analysis of the mediation statue, focusing on the structure of the administrative conflict prevention and resolution chambers and the institute of transaction by standard form. The paper concludes that administrative mediation is not yet a reality in Brazil, although it recognizes that the legislator’s effort of bringing the innovative provisions is an important contribution to debate on the use of extrajudicial institutes for the resolution of conflicts involving the Public Administration.

Keywords: Mediation statute. Conflict resolution. Administrative mediation. Transaction by standard form.

Author Biography

Marcos Paulo Alvarenga Pinto, Universidade Federal Fluminense

Mestrando em Justiça Administrativa pela Universidade Federal Fluminense. Especialista em Direito Civil pela Pontifícia Universidade Católica de Minas Gerais. Bacharel em Direito pela Universidade Federal do Rio de Janeiro. Advogado.

Published

03/06/22

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