O compromisso de ajustamento de conduta e o princípio constitucional da eficiência

Abstract

This paper aims to meditate about the importance of recognizing the attenuation of the authoritarian nature of the Public Administration in favor of adopting consensual or parity mechanisms within the relationship with its administered. It is intended to clarify the content and scope of such consensualism, setting premises that allow a proper understanding of the work´s object. The paper deepens the theoretical research towards a particular mechanism of conflict resolution related to the Public Administration: the conduct adjustment agreement, bringing a study of its origin, its concept, legal nature and its importance in Brazilian s legal system regarding the Federal Constitution. There are guidelines that indicate the need to clarify the Principle of Efficiency of the Public Administration within the legal system providing its concept and density and to prove how the mechanism of conduct adjustment agreement, being an alternative way of conflict´s resolution, has a special role in the fulfillment of this principle, without injury of other constitutional principles. Finally, it brings to the analysis and research, some practical cases in our system, demonstrating the real importance of this mechanism for the fulfillment of public interest