Uma nova perspectiva: a análise dos dispute boards como mecanismos alternativos de resolução de conflitos aplicado aos contratos de infraestrutura

Abstract

This essay has as its object the analysis of dispute boards as a new perspective of Public Administration, with a more consensual performance, through models and acts with different actors of society. A brief introduction will be made on the current paradigm of Administration, without the objective of studying the models of Administration. After demonstrating the change in perspective, the essay will focus on the dispute board institute, a method for resolving disputes involving contracts of great complexity and economic importance, as with infrastructure contracts agreed by the Public Administration. Finally, this article will examine the use of dispute boards in public works using as an example a comparison between two works, one in which the mechanism was used (São Paulo City Metro) and one in which it was not used (Ponte Hercílio Luz in Florianópolis, Santa Catarina), intending to demonstrate that they can bring efficiency to infrastructure.