Política pública de solução de conflitos da administração: proposta de rede interorganizacional de mediação, conciliação e arbitragem

Abstract

This study proposes a policy of the state administration for the appropriate handling of network conflicts, which aims to use consensual methods of conflict resolution - mainly mediation, conciliation and arbitration - to be adopted by the Government, with the purpose of achieving social pacification and making qualified access to the Judiciary, as another gateway to justice, guaranteeing administrative citizenship and human rights, which structure social pacification. Starting from the broader perspective to affirm that such methods are part of the new legal paradigm that presents itself for the 21st century and under this light, the work brings to light the concerted understanding of nations - authorized by legal frameworks of self-composers - of the exit to prevent and to resolve the constant antagonisms produce aggression, oppression and, in its extreme, genocide. The study examines in the light of the western philosophical heritage the concept of justice, the epistemological evolution of the principle of access to justice, to revisit the right of access to justice, identifying yet another dimension, not yet evidenced in research, a new dimension of fundamental law access to justice. It also proposes an architecture for conflict resolution in public administration, in the light of the most updated doctrine of behavioral economics. The text also examines programs and projects in states of the brazilian federation, which use mediation and restorative justice with well-structured and applied theoretical contributions, providing the necessary legality to contribute to the realization of human rights.