MÉTODOS ADEQUADOS DE SOLUÇÃO DE CONFLITOS: DA APLICABILIDADE NAS CONTRATAÇÕES PÚBLICAS SOB À ÉGIDE DA NOVA LEI DE LICITAÇÕES E CONTRATOS ADMINISTRATIVOS (LEI N 14.133/2021)

Abstract

Conflict is a sine qua non condition for the development of Law and the community as a whole, considering that the conflict of interests accompanies the social man since his beginnings. Thus, in contemporary times, the way in which people resolve their disputes has a lot to say about the degree of maturity of a society. The appropriate means of conflict resolution, in this sense, are presented as instruments whose objective is to settle disputes in search of social pacification. In view of this, in view of devices such as Resolution nº 125 of the CNJ, CPC/15 itself, the Mediation Law (13.140/2015) and the Arbitration Law (9.307/1996), among others, much is discussed about the use of these appropriate methods of resolving conflicts within the scope of Public Administration and, nevertheless, their harmony with the principles that govern Administrative Law. In this sense, the present study, based on the hypothetical-deductive method as well as through bibliographical and documentary research techniques, aims to promote reflection on the use of adequate means of conflict resolution in the context of disputes involving the Public Administration, especially in view of the wording of the new Law on Tenders and Administrative Contracts (Law nº 14.133/2021). It is crystal clear that the excessive judicialization of conflicts brought to the Judiciary, allied to the judgment culture that prevails in academia, forensic praxis and society, has strengthened the tendency to adopt other means of dispute resolution, such as arbitration, mediation and self-composition. of conflicts. This is due to the fact that the dejudicialization of demands contributes to the procedural management of the Judiciary, reducing the slowness of the formal justice system, in addition to producing faster responses to the parties. In this regard, Law nº 14.133/2021 brought a chapter dedicated to such mechanisms and, despite not innovating in the subject, it is emphasized the importance of this legal provision in the context of promoting a legislative culture of adequate means of resolving conflicts in the Brazilian legal system. Finally, it is concluded that, considering the role of major litigant of the Public Administration, as well as the benefits brought by the adequate means of conflict resolution, both for the parties and for the jurisdictional activity as a whole, it is of paramount importance to apply broad and effective use of such mechanisms in the contractual relations of the Public Administration.

Keywords: Public administration; Bids and administrative contracts; Appropriate means of conflict resolution.