Banca de DEFESA: LEONARDO RIGOTTI DE AVILA E SILVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : LEONARDO RIGOTTI DE AVILA E SILVA
DATE: 27/02/2025
TIME: 11:00
LOCAL: SAFS QUADRA 04 LOTE 01 ED. SEDE SALA 03
TITLE:

COLLABORATIVE GOVERNANCE AND CONSENSUALISM WITHIN THE FEDERAL COURT OF ACCOUNTS: A PERSPECTIVE IN LIGHT OF PUBLIC CHOICE THEORY

KEY WORDS:

Consensualism; Government Failures; Collaborative Governance; Technical Mediation.

PAGES: 115
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study analyzes consensualism within the scope of the Federal Court of Accounts (Tribunal de Contas da União – TCU), with a focus on the activities of the Secretariat for External Control of Consensual Solutions and Conflict Prevention (SecexConsenso) and the regulation of the procedure through Instruction nº 91/2022. The research investigates how the consensual solution procedure can be understood as an innovative institutional response to address government failures, promoting collaborative governance and administrative efficiency. Grounded in a theoretical framework based on Public Choice Theory and Collaborative Governance, the study examines the transformations in Brazilian Administrative Law since the 1988 Constitution, highlighting the shift from a bureaucratic to a managerial model. It presents the normative foundations, admissibility criteria, and stages of the consensual solution procedure at the TCU, alongside an analysis of its legal nature, characterized by technical mediation and the framing of the Agreement Term (Termo de Autocomposição) as an administrative legal transaction. The practical application of this model is illustrated through the Karpowership case, which showcases the capacity of consensual action to address government failures, reduce costs, and enhance the legitimacy of public decisions. By integrating dialogue and cooperation practices, the model transforms the TCU into an active agent in fostering good governance and institutional modernization. The study concludes that the consensual solution procedure at the TCU represents a landmark in Brazil's external control evolution, establishing itself as a potential tool to overcome government failures.

COMMITTEE MEMBERS:
Externo à Instituição - BRUNO DANTAS NASCIMENTO - FGV RJ
Presidente - 1347019 - AMANDA FLAVIO DE OLIVEIRA
Externo ao Programa - ***.783.604-** - JOÃO ALBERTO OLIVEIRA DE LIMA - UnB
Interno - 2149902 - TARCISIO VIEIRA DE CARVALHO NETO