THE IMPLEMENTATION OF PROCEDURAL AGREEMENTS AS AN ENCOURAGEMENT OF NEGOTIATED EXECUTION AND ITS IMPACTS FOR BETTER MANAGEMENT OF PUBLIC POLICIES AND ACHIEVEMENT OF CITIZENSHIP

Authors

  • Guilherme Antunes UNAERP https://orcid.org/0000-0003-3753-413X
  • Larissa de Castro Coelho Universidade de Ribeirão Preto
  • Sebastião Sérgio da Silveira Universidade de Ribeirao Preto

Abstract

The spectrum of the current research consists of the analysis of the institute of conventions or procedural legal transactions, instituted by the still recent Code of Civil Procedure and its positive and possible relationship with regard to the implementation of public policies aimed at achieving the fundamental rights enshrined in the Constitution. State. In this sense, through the agreement, still at the administrative level, of procedural conditions capable of inducing, facilitating and promoting the negotiated execution within the scope of collective actions. Based on this foundation, it is proposed to analyze the eventual impacts to be produced by the adoption of procedural conditions in specific moments, such as in the stipulation of procedural clauses in the bidding, concession and permission contracts of the public administration, in the sphere of the Executive, and in the deliberation and voting of the public budget by the Chambers and Assemblies of the Legislative, thus allowing and guiding the use of negotiation methods in the execution phase of collective sentences, increasing popular participation in the judicial control of public policies and jointly facilitating the implementation of the sentence collective. With regard to the methodology used in the present study, qualitative research was adopted, based on a review of specialized literature on the subject, with the adoption of the hypothetical deductive method for proposing a viable model to produce a conclusion applicable to the reality of the object of study.

Author Biographies

Larissa de Castro Coelho, Universidade de Ribeirão Preto

Master's degree in Collective Rights and Citizenship from the University of Ribeirão Preto (UNAERP). Postgraduate degree in Business Law from Fundação Getúlio Vargas (2022). Graduated in Law from the University of Franca (2020). Certified by the University of Santiago de Compostela jointly with INIEC on "Advanced Topics in Public and Private Law". Certified by the Universidad Autónoma da Centro América jointly with INIEC on "Human Rights (theory and practice)". Coordinator and author of the work “The anti-crime package from the perspective of the new generation” by Lemos & Cruz publisher. Organizer and author of the work “Commented Forest Code - Article by article”, by JUSPUDIVM publisher.

Sebastião Sérgio da Silveira, Universidade de Ribeirao Preto

He holds a degree in Legal Sciences from the University of Ribeirão Preto (1984), a Master's in Law from the Pontifical Catholic University of São Paulo (1999); a PhD in Law from the Pontifical Catholic University of São Paulo (2004) and a Post-Doctorate from the Faculty of Law of the University of Coimbra-Portugal (2011). Lawyer and Consultant. Retired Public Prosecutor of the Public Prosecutor's Office of the State of São Paulo (1988-2024); Full Professor at the University of Ribeirão Preto, where he is the Coordinator of the Course and Postgraduate Program in Law and Professor of the Department of Public Law of the Faculty of Law of Ribeirão Preto, University of São Paulo - FDRP-USP. Honorary Professor of the Faculty of Law of the Universidad San Martin de Porres - Lima - Peru. From March 2011 to 2016, he was a member of the State Executive Committee of the National Judiciary Forum for Health and the National Council of Justice (CNJ). He was the Editor-in-Chief of the Paradigma Magazine and the Reflection and Criticism of Law Magazine. He was a Collaborating Member of the National Inspectorate of the Public Prosecutor's Office and the National Council of Justice.

Published

2024-12-21

How to Cite

Antunes, G., de Castro Coelho, L. ., & Sérgio da Silveira, S. (2024). THE IMPLEMENTATION OF PROCEDURAL AGREEMENTS AS AN ENCOURAGEMENT OF NEGOTIATED EXECUTION AND ITS IMPACTS FOR BETTER MANAGEMENT OF PUBLIC POLICIES AND ACHIEVEMENT OF CITIZENSHIP. Anais Do Congresso Brasileiro De Processo Coletivo E Cidadania, 12(12), 848–867. Retrieved from https://revistas.unaerp.br/cbpcc/article/view/3462

Issue

Section

INSTRUMENTOS DE PROTEÇÃO DOS DIREITOS COLETIVOS, DEMOCRACIA E JURISDIÇÃO

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