Banca de DEFESA: ALLAN MAGALHAES MACHADO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ALLAN MAGALHAES MACHADO
DATE: 28/05/2025
TIME: 09:00
LOCAL: https://teams.live.com/meet/9351829021910?p=rErIAYOrqRXtOgEuvB
TITLE:

Fraternity and Administrative Disputes: the role of consensuality in optimizing road infrastructure concession contracts

KEY WORDS:

Fraternity; Society and conflict; Consensuality; Moral hazard; Public concessions

PAGES: 110
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The principle of fraternity is a constitutional precept that arises with the objective of rekindling a purpose of social maturity through the perception and altruistic vision of fundamental duties and of the other as a rights holder. Individuals and institutions alike must seek the pacification of their conflicts and the resolution of disputes to enable a harmonious and constructive coexistence as members of a complex and multifaceted society.

The monopoly of conflict resolution by the state jurisdiction has entered into crisis due to high demand and the distortion of its purpose, as it is not always capable of providing the best solution for every concrete case required in a pluralistic environment. The emergence of appropriate dispute resolution methods that prioritize consensus represents an important mechanism for expressing a fraternal society, guided by values of justice and otherness, and has yielded consistent practical results within the justice system.

Dispute resolution under the aegis of the 1988 Constitution cannot be indifferent to the principles and values present in that Charter. Therefore, the State itself must guide its actions towards using more efficient methods in resolving its disputes related to the execution of public policies. In Administrative Law, the evolution of social relations has required a transformation in the relationship between public and private entities, necessitating a repositioning of the unilateral stance in decision-making and transactional mechanisms aimed at achieving the public interest.

The Brazilian highway concession sector, represented by PROCROFE, has faced challenges related to economic, regulatory, political, technical, and social changes—typical of long-term adjustments. These changes generate conflicts of various kinds and require effective actions from the Administration to ensure the necessary balance in contractual relationships and the delivery of expected results to society.

The Ministry of Transport has acted proactively in establishing policies to support conflict resolution in these contracts. It has innovated by collaborating with the Federal Court of Accounts and other institutions to create a consensual conflict resolution model within the administrative sphere. This model seeks to restore balance between obligations and counter-obligations through negotiation, focusing on pacifying contractual relations.

In this context, given the novelty of the consensual resolution model, efforts have been made to address contractual mechanisms aimed at mitigating information asymmetry within the consensus-based agreement. This asymmetry could lead to undesirable behaviors from involved parties. Thus, the goal is to establish a balance between incentives, negotiations, and obligations.

COMMITTEE MEMBERS:
Presidente - 1151990 - MAMEDE SAID MAIA FILHO
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externo à Instituição - ANDRÉ AUGUSTO GIURIATTO FERRAÇO - PR
Externo à Instituição - REYNALDO SOARES DA FONSECA - STJ