Notas sobre mediação, conciliação e as funções da advocacia pública: uma perspectiva à luz do direito administrativo contemporâneo

Abstract

This article adresses how alternative dispute resolution gained ground in Contemporary Administrative Law, especially in the scope of action of Public Advocacy. The article notes that the administrative proceeding has not, in the last decades, assumed the role it deserved in the resolution of conflicts, being replaced by the excessive judicialization of these demands. There is, however, a change in the attitude of Public Advocacy with the valuation of consensuality and the perception that they must play an important role in conflict mediation, avoiding the unnecessary judicialization of the demand. The article shows how mediation and conciliation have played an important role in the prevention and resolution of conflicts with the Public Administration, and helped Public Advocacy to develop a proactive role, focused on preventive advocacy.