Revista Eletrônica de Direito Processual (Dec 2017)

THE (IM)POSSIBILITY OF (SELF)COMPOSITION IN CONFLICTS INVOLVING THE PUBLIC ADMINISTRATION: FROM THE CONFLICT TO THE POSITION OF THIRD PARTY

  • Fabiana Marion Spengler,
  • Helena Pacheco Wrasse

DOI
https://doi.org/10.12957/redp.2017.30729
Journal volume & issue
Vol. 18, no. 3
pp. 69 – 93

Abstract

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The article deals with the auto-composition in conflicts involving Governing Administrations and individuals, based on the Civil Code and the Law n. 13,140 / 2015. This paper intends to reflect on this complex and dynamic issue, asking both which terminology would be the appropriate one (composition or auto-composition) to approach a method of consensual treatment of conflicts, when the governing entity is part of the conflict and why. The aim is to analyze the meaning of composition, autocomposition and hetero-composition. The method of approach is deductive, the procedural method is monographic and the research technique is bibliographic.

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