Autocomposição na administração pública: conciliação e mediação nas ouvidorias de universidades federais

Abstract

This research will make an intersection between studies regarding Public Administration and Law. Currently authorized by federal law, the alternative dispute resolution methods still were not incorporated within the public administration. So, starting out from the theme “alternative dispute resolution in public administration”, a research problem was raised: considering the law number 13.460/2017, article 13, VII, how can the ombudsman contribute to the implementation of conciliation and mediation in the context of a public federal university? The general goal of this research was to analyze the ways in which de ombudsman can contribute to the implementation of conciliation and mediation in the context of a public. For that, specific goals were outlined: i) to research about the ombudsman, as well as the laws regarding the subject; ii) to analyze the existence of proposals for alternative dispute resolution methods, focusing on the Multi-Door Courthouse System and the possibility of applying it to the public administration; iii) to develop a guide book and a case study that supports and encourages the implementation of alternative dispute resolution methods when dealing with conflicts in the context of public universities through their ombudsman. For this, it was conducted a bibliographic research, of basic nature and qualitative approach. As for the methodological objectives, this research was developed in a descriptive-exploratory way. The study of the Multi-Door Courthouse System made possible to create theoretical links with what already is a reality in the Judiciary (CJUSCs), as well as with the possibility that the same could be done within the Executive, through its ombudsmen. The possibility of applying conciliation and mediation in the context of a public federal university through its ombudsman was confirmed, in addition to being reinforced by the normative 581/2021. The results obtained outlined the ways that the ombudsman can act in order to contribute to the implementation of conciliation and mediation, by analysing and expanding the directives brought by the aforementioned normative. A guide-book and a case study were also made as technical products of the research, which are appendices of this dissertation.