Gestão de conflitos na Administração Pública : por uma política pública de sistematização da (auto)composição acerca dos contratos administrativos que envolvam equilíbrio econômico-financeiro.

Abstract

The present study aims to analyze conflict management in Public Administration (PA), involving administrative contracts and their economic-financial balance, from normative and cultural perspectives (national and international) involving self-composition. The problem that guided the development of this thesis was: the normative and procedural systematization of the self-composition of conflict management in Public Administration, about administrative contracts that involve economic-financial balance, becomes a viability for better management of the public interest taking into account the equalization of concrete demands from the government and the contractor? To this end, it delimits the main cultural and normative aspects of administrative contracts, identifying their traditional management mechanisms by the government, through historically hegemonic dogmatics; analyzes the traditional conceptual and normative perspectives of forms of dispute settlement involving the economic and financial balance of administrative contracts in Brazil, identifying their points of deficiency; proposes the systematization of self-composition of conflicts involving the economic-financial balance of administrative contracts and a Municipal Law Project that enhances the intent of this Public Policy, through detailed procedures for municipalities to carry out contractual compositions involving economic clauses that for some reason claim balance. The method of procedure used was the monographic one, using bibliographic and documentary research techniques, allowing us to conclude that using the Centers for Prevention and Administrative or Extrajudicial Conflict Resolution, as proposed in this study, it will be possible to formalize terms of administrative transaction there was an advantage for the PA in situations that demand economic-financial balance in contracts with private entities.