The role of consensualism and proto-heterocomposition in public administration's conflict resolution efforts in Brazil
Year: 2025
Type: article
Abstract: The focus of this article is on consensuais approaches to conflict resolution by public authorities in Brazil. Conflict mediation and arbitration are both examples of consensuality. From a constitutional viewpoint, Brazil's state has adopted a democratic and participatory framework by incorporating the administrative aspect. In reality, negative cultural influences and preconceived legal conceptions lead to obstacles that create rigid and top-down relationships with citizens, based solely on the State's extensive authority. The issue is how to make consensual conflict resolution by public authorities in Brazil truly effective. This article's objective is to illustrate the legal attributes that make it necessary for the Brazilian state to develop mutually acceptable and efficient solutions to disputes. The basis for the reflection is established through a thorough examination of published literature, involving the consultation of doctrines, articles, and books relevant to the subject. At the study's conclusion, it was evident that the Brazilian state has made significant progress in aligning its dispute resolution practices with the participatory and dialogical democracy model outlined in the constitution.
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408776438