A autocomposição e a fazenda pública: uma análise da aplicabilidade dos métodos alternativos de solução de conflitos nos processos contra a fazenda pública.

Abstract

In light of the innovations brought by the New Code of Civil Procedure, it is intended to analyze the implementation of alternative methods of conflict resolution in the processes in which the Public Treasury is included as a part. This will analyze how alternative methods of conflict resolution work, as well as the context in which they were promoted by resolution n. 125/2010 of the CNJ. Therefore, the application of the principles governing Public Administration - in this case, the supremacy of the public interest, the unavailability of the public interest and consensuality in the Public Administration, as well as the characteristics of the Public Treasury in Judgment are investigated. The aim is to analyze the present theme from the point of view of the fundamental right to good public administration and the promotion of citizenship through popular participation in decision-making. In the end, it is sought to point out solutions to three legal obstacles that arose with the advent of the new code: the competence to carry out the self-composition; the form of payment and the obligation to submit the agreement to the necessary consignment