Análise da prática da composição consensual de conflitos no âmbito dos contratos da UTFPR

Abstract

Posterior to the promulgation of the Federal Constitution of 1988 and to the reforms performed in the Public Administration as from the 1990s, we have sought an overcoming of bureaucratic methods, aiming at a more efficient practice, transposing institutes of Private Law to the scope of Public law. Facing the new paradigms of Administrative Law – the constitutionalisation, the contracting process and openness to consensuality -, the public administration starts seeking an operation in accordance to these new paradigms. Given that, the question to be verified is at which extent the openness to consensuality can contribute to the resolution of contractual conflicts of the Public Administration. Thus, this paper aims at proposing a set of actions based on the practice of consensual composition of contractual conflicts in a public higher education institution. Therefore, a literature review was made to verify the constitutionalisation of administrative law, the contracting process of public administration and the consensuality in the resolution of contractual conflicts of public administration, as well as a questionnaire in the administrative sectors responsible for the institution’s contracts. It is a field research which investigates the reality of contractual relations in the Federal University of Technology of Paraná - UTFPR. As a main result, it was possible to verify that there is legal viability to consensually compose the contractual conflicts at UTFPR through auto-composition, as an alternative to penalization of contracted parties and judicialization of contracts, in view of managing public affairs more efficiently. For this, a set of actions is proposed, aiming at the capacitation of civil servants through training courses and exchange among campuses of UTFPR and other public institutions, which can make possible for this practice to be implemented homogeneously and collaboratively through the whole institution.