The role of consensualism and proto-heterocomposition in public administration's conflict resolution efforts in Brazil

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.

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Publication Details

Journal
OBSERVATÓRIO DE LA ECONOMÍA LATINOAMERICANA
Published
2025-03-24
DOI
https://doi.org/10.55905/oelv23n3-114
Primary Topic
Public Policy and Administration Research
Type
article
Field-Weighted Citation Impact
0.00
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article

The role of consensualism and proto-heterocomposition in public administration's conflict resolution efforts in Brazil

Anielle Aparecida Fernandes de Morais, Paulo Antônio Rodrigues Martins
OBSERVATÓRIO DE LA ECONOMÍA LATINOAMERICANA
Public Policy and Administration Research
article

The role of consensualism and proto-heterocomposition in public administration's conflict resolution efforts in Brazil

Anielle Aparecida Fernandes de Morais, Paulo Antônio Rodrigues Martins
article en

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.

OBSERVATÓRIO DE LA ECONOMÍA LATINOAMERICANAVol. 23(3)
Openalex Percentile: Top 93%
Public Policy and Administration Research
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