Negotiated resolution of conflits in new Brazilian bidding law

consecration of a trend

Abstract

The modernization of Public Administration in Brazil is a reality that has been imposing itself as old dogmas have been reformulated and contemporary legal-administrative instruments have been increasingly disseminated and used by operators and applicators of Law, in a overview of normative and dogmatics innovations guided by a pragmatic and consequentialist matrix whose incontestability is extracted from the reform of the Law of Introduction to the Rules of Brazilian Law - LINDB by Federal Law nº 13.655/2018. Thus, the express affirmation of appropriate dispute resolution in Federal Law nº 14.133/2021 enshrines and encourages a trend that, in practice, had already been guided, that is, the use of self-composition and hetero-composition techniques, in addition to jurisdictional protection, in the prevention and solution of administrative contractual disputes. So, this article, through qualitative methodology and literature review, proposes to analyze the history of the subject of negotiated settlement of conflicts within the Brazilian Public Administration, as well as the particularities contained in the provisions expressed in Federal Law nº 14.133/2018, in order to answer if the stimulus from the legislator was enough, what prospects can be envisioned for the near future and what are the implications for public managers, control agencies and civil society as a whole.