A mediação como mecanismo de resolução de conflitos nos processos administrativos disciplinares

Abstract

The present work aims to demonstrate that the use of mediation in administrative disciplinary proceedings as a method of conflict resolution in public administration can achieve procedural purposes, without the need to establish a de facto process. Bearing in mind that it was observed that most of the controversies in the administrative sphere involving public servants arise from the absence of dialogue. However, the Brazilian legal system imposes a series of restrictions on the performance of public agents. Today, the use of mediation in the conduct of PAD's lacks specific legislation to regulate it and the absence of the aforementioned affirmation may cause damage to the public administration and the public service provided, due to the damage caused by conflicts that could compromise labor relations. The main objective of this project is to show the constitutionality of the use of mediation in the Administrative Disciplinary Process due to the absence of specific infra-constitutional legislation. As mediation is the best way when it comes to solving conflicts of misunderstandings between public servants, taking advantage of the fundamental principles that govern constitutional and administrative law.