A consensualidade no âmbito dos Tribunais de Contas

Abstract

This work investigates the application of consensuality within the Audit Courts, with the aim of seeking, through mediation or conciliation, the solution of legal issues subject to the jurisdiction of these Courts. The increasing complexity of legal and administrative relationships requires more effective and collaborative methods for resolving conflicts, highlighting the need to promote an institutional environment aimed at preventing and regularizing illegalities and misuse of purpose. The research starts from the central question: Is it possible to construct consensual solutions, aimed at reducing the risk of illegalities and misuse of purpose, in the processes that are processed before the Audit Courts? Based on this question, the study explores the potential and challenges of mediation and conciliation as innovative tools for the dejudicialization of administrative disputes. The methodology adopted includes a bibliographical review on the theoretical foundations of consensuality in Public Law, comparative analysis with successful international experiences and an empirical study of practical cases judged by Brazilian Audit Courts. Through this multidisciplinary approach, we seek to highlight the advantages of using these consensual practices in promoting administrative efficiency and safeguarding the constitutional principles that govern Public Administration. Preliminary results indicate that the integration of consensual practices can significantly contribute to improving the external control exercised by the Audit Courts. Furthermore, there is a significant reduction in procedural costs and the duration of administrative processes. It is concluded that there is promising potential in the adoption of these mediative and conciliatory techniques, as long as they are accompanied by appropriate public policies and technical training of the agents involved.