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Dissertação
A Autocomposição e o poder público: a câmara de negociação, conciliação, mediação e arbitragem da procuradoria-geral do estado do Pará
The general objective of this research is to investigate the possibility of self-composition negotiation in conflicts involving the Public Power, questioning the excessive and customary litigation in the judiciary, based on a deductive method and comparative procedure, with bibliographic techniqu...
Autor principal: | JESUS, Thiago Vasconcellos |
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Grau: | Dissertação |
Idioma: | por |
Publicado em: |
Universidade Federal do Pará
2022
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Assuntos: | |
Acesso em linha: |
http://repositorio.ufpa.br:8080/jspui/handle/2011/15033 |
Resumo: |
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The general objective of this research is to investigate the possibility of self-composition
negotiation in conflicts involving the Public Power, questioning the excessive and customary
litigation in the judiciary, based on a deductive method and comparative procedure, with
bibliographic technique and collaborative research with the Coordinators of the self-comform
chambers of other States that have already implemented it. The aim was to identify the possible
benefits of persuasive rational dialogue, multi-door system and self-compositional negotiation as
possible instruments for meeting human needs, prevention and conflict resolution. Next, the right
to procedures and access to justice were indicated as kind of fundamental rights that must be
guaranteed by the State, including self-comparatous procedures for the resolution of conflicts;
questioning the unavailability and public interest with a possible conceptual resignification from
the Democratic State of Law that respects the principle of the dignity of the human person and
ensures the fundamental rights and guarantees, among others, of access to justice, efficiency and
democratic principle; by collating between excessive and customary litigation in the judiciary
and self-regulation for implementation by addressing the theory of the implementation, with the
specification of its elements by those involved. Search-be contextualized and indicate procedural
premises, principles and phases of self-composition, as well as the Harvard Negotiation Program
as a possible procedural path of self-compositional negotiation. Self-composition is evaluated
within the state of Pará, noddedly the Chamber of Negotiation, Conciliation, Mediation and
Arbitration of the State Public Administration of Pará created by Complementary Law No.
121/2019 and the criteria of submission to the Chamber, training of the head, collaborative
research with the coordinators of the Chambers of the States of Pará, Pernambuco, Alagoas,
Goiás, Minas Gerais and Rio Grande do Sul, in addition to a numerical comparative study with
the State of Rio Grande do Sul, a pioneer to implement the self-composition state Chamber. The
overall result of the research indicates the possibility and continuous progression of self composition negotiation within the State of Pará, encouraged with the creation of the Negotiating
Chamber, Conciliation, Mediation and Arbitration of the State Public Administration linked to
the Attorney General's Office of the State of Pará as an instrument of access to justice, being
recommended the training and effective use of negotiation techniques to increase the chances of
meeting the interests and needs of those involved in the conflict, with the conclusion and
implementation of the agreements, especially in cases of greater complexity, even if the conflicts
submitted to Negotiating Chamber, Conciliation, Mediation and Arbitration of the State Public
Administration are mostly demands of mass and/or less complexity. |