FROM THE ALTERNATIVE DISPUTE RESOLUTION TO THE ONLINE CONFLICTS RESOLUTION: PATHS FOR THE FUTURE OF PUBLIC ADMINISTRATION

Abstract

The judicial congestion charges show the public administration as responsible for the highest number of lawsuits in the country. The research seeks solutions to this conjuncture in applying alternative methods of dispute resolution. The research problem asked whether the legislative changes that consolidated non-adversary methods of dispute resolution with the Public Administration can overcome the resistance publicist values system. Therefore, legal modifications have been researched for five years, especially to online alternatives, with or without the use of artificial intelligence. Applicable principles for this consensual relationship and its effects of optimization or containment were also recorded as inventory. Through the method of the literature review, it was noticed that: a) the influx of regulations, related to the possibilities of the public administration use of nonadversary methods of dispute resolution allows us to affirm the overcoming of impediments related to the principle of legality; b) it is possible to say that they are subject to the application of alternative dispute resolutions to those property and public property interests available, secondary public interests and management acts, and private contracts. As for the others, it will be necessary a concrete case analysis, oriented in useful speed, probity, efficiency, and effectiveness and reasonableness and proportionality; and c) the unambiguous use of analogue methods to the alternative dispute resolution will not be able to solve the liabilities related to the public administration. Digital paths need to be traced through the online dispute resolutions, with or without application of artificial intelligence.

Keywords

• public administration
• online conflict resolution
• principles of public administration
• non-adversary methods of conflict solution
• judicial congestion