Programa de Pós-graduação em Direito e Políticas Públicas
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Navegando Programa de Pós-graduação em Direito e Políticas Públicas por Assunto "Administração pública"
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Item Administração pública, conflito e arbitragem: política pública de acesso extrajudicial à justiça(Universidade Federal de Goiás, 2019-08-12) Natal, Miccael Pardinho; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Vasconcelos, Antônio Gomes de; Vieira, Lucas Bevilácqua CabiancaThis research lends itself to investigate the phenomenon of arbitration within the Public Administration. In this sense, it begins by studying the so-called consensus management paradigm, in which the state opens itself to the consensual solution of conflicts. It also focuses on the general study of arbitration, exploring its character, at the same time, contractual and jurisdictional, identifying its elements and pointing to how they come to be conceived when the Public Administration participates in the process, either as a party, or in the position of arbiter. A conflict analysis is made, indicating, from game theory, how in the arbitral process the conflicting parties can behave cooperatively, even though they occupy opposite poles. Then, using a functional analysis of the law aimed at a legal study of public policies, is investigate how arbitration can function as a public policy of access to justice, having instrumental (media) and teleological (end) content characteristic of a public policy. There is a qualitative research, with a bibliographic documentary approach, for the development of the theoretical questions, with the aid of case study. It also uses the dialectical-argumentative method, taking advantage of elements of the rhetorical study of law. As for the theoretical references, the research uses post-positivism, philosophical hermeneutics, the functionalist approach to law and game theory applied to conflicts.Item A autocomposição como política pública de tratamento de conflitos administrativos na UFG a partir de 2019: a CPRAC – Câmara de Prevenção e Resolução Administrativa de Conflitos(Universidade Federal de Goiás, 2020-11-30) Pires, Rodrigo Corrêa; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Carvalho, Sílzia Alves; http://lattes.cnpq.br/4479623908963181; Carvalho, Sílzia Alves; Costa, Andréa Abrahão; Gabbay, Daniela Monteiro; Azevedo Neto, Platon Teixeira deThe present work approaches a new proposal of Public Administration action, moving away from the traditional hierarchical model and adopting a dialogical posture, promoting the consensual resolution of conflicts. The theoretical framework starts from the analysis and discussion of Game Theory, an articulation that served as a basis for the Harvard Negotiation Program which, although established on a quantitative view of the use of conflict self-composition, is based on conflict negotiation procedure under a principiological bias, where the search for an agreement that pleases both parties becomes its main object. The state's duty to promote good administration is also addressed by correlating the institute with obtaining satisfactory levels of efficiency from the perspective of the unavailability of the public interest and the promotion of public policy of consensus. In this sense, the law from the conflict will be analyzed, moving away from the heterocompositive model based on the “culture of the sentence” and moving towards the “culture of dialogue”, both in the Judiciary and in Public Administration. In this area, the practical case of the Federal University of Goiás will be analyzed, which instituted a structure aimed at the administrative resolution of conflicts based on conflict mediation techniques.Item Negociação na fase administrativa da desapropriação sob o prisma da análise econômica do direito(Universidade Federal de Goiás, 2020-12-18) Torres, Daniel Lopes Pires Xavier; Carvalho, Sílzia Alves; http://lattes.cnpq.br/4479623908963181; Carvalho, Sílzia Alves; Costa, Andréa Abrahão; Silva, Clarissa SampaioThis work aims to emphasize efficiency as a fundamental guide for administrative action, through openness to consensus and selective use of imperativity. In the administrative phase of expropriation, it is necessary to establish a summary contradictory, in order to hear the expropriated and improve the preparation of the appraisal report. It dialogues with the economic analysis of law, to suggest the advantage of negotiation as a way to obtain a more efficient solution for the public entity, compatible with the economy of public resources and the maximization of wealth for society. To this end, it is necessary to strengthen the performance of Public Law and regulation, within the scope of each public entity, the administrative phase of expropriation. Finally, an empirical study is presented on the judicial processes of expropriation for public utility and social interest proposed by the direct and indirect public administration in the State of Goiás.