Banca de DEFESA: KALIANE WILMA CAVALCANTE DE LIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : KALIANE WILMA CAVALCANTE DE LIRA
DATE: 31/07/2025
TIME: 10:00
LOCAL: a designar
TITLE:

Dispute Boards and Consensuality in Brazilian Public Administration: Analytical Review of the Literature, the Normative Framework and Stakeholders' Perceptions of Their Role in Conflict Prevention and Resolution.

KEY WORDS:

Dispute boards. Consensuality. Administrative contracts. Contractual efficiency. Conflict resolution. Public Administration

PAGES: 141
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The dispute board or dispute resolution committee stands out as a contractual tool for preventing and resolving controversies, composed of a technical panel of experts with knowledge in the subject matter of the contract. Its operation occurs through recommendations or decisions in the face of disagreements arising between the parties during contractual execution. In Brazil, where 11,469 public works are stalled, representing 50.7% of the projects monitored by the Federal Court of Accounts (TCU), with R$ 50.6 billion immobilized between investments already made and those necessary for completion, this scenario reveals limitations of traditional contractual conflict resolution mechanisms, characterized by judicial delays and high arbitration costs. The research sought to understand how the use of dispute boards in administrative contracts promotes consensual approaches in Public Administration and improves contractual efficiency, according to the perspective of committee members. The investigation is structured around three analytical axes: the theoretical examination of consensuality as a contemporary vector of administrative legitimacy; the normative analysis of the incorporation of dispute boards in Brazilian legislation; and the empirical investigation based on interviews with experts who worked on dispute boards in public contracts in Latin America. The methodology adopted a qualitative approach, based on semi-structured interviews with 30 professionals who served as dispute board members in nine Latin American countries, applying thematic analysis to identify recurring patterns. The results demonstrated that dispute boards present significant potential for litigation prevention, encouragement of transparency between parties, and maintenance of contractual execution continuity. The research identified that most members consider specific training necessary for the exercise of preventive function and revealed a transformation process in oversight bodies, with greater receptiveness to consensual mechanisms. The research contributes to the literature by demonstrating that, in the perception of members, dispute boards, when adequately structured, constitute effective instruments of contractual governance, contributing to the reduction of transaction costs, prevention of stoppages, and construction of more consensual, dialogical, and efficient Public Administration.

COMMITTEE MEMBERS:
Presidente - 1347019 - AMANDA FLAVIO DE OLIVEIRA
Externo à Instituição - Fernando Barbelli Feitosa - ANTT
Interno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA