A implementação dos métodos de resolução de conflitos na administração pública: um estudo a partir das alterações geradas na nova lei de licitações e contratos administrativos

Abstract

In this study, we sought to analyze the innovations introduced by Law No. 14,133/2021, known as the New Law on Bidding and Administrative Contracts (NLLCA), based on the problem of overcrowding in the judiciary, which is often called upon to resolve issues that could be resolved by appropriate conflict resolution methods. My interest in this research arose from my experience at a law firm, where I interned and observed the large volume of bidding processes following the Covid-19 pandemic. Therefore, the specific objective is to evaluate the impact of implementing these methods on reducing the volume of legal actions related to public contracts and how this directly impacts the economic and social development of Brazil. Furthermore, the study seeks to stimulate reflection on the culture of judicialization that has long predominated in the Brazilian legal system, contrasting it with the premises of alternative methods. The proposal discussed here is, above all, a response to society's desires, as well as the reduction of excessive legal demands and greater effectiveness in the solution of public administrative contracts. The work is based on theoretical and normative research based on analyzes of scientific articles, legislation and doctrines.