O consenso como técnica decisória no âmbito administrativo: vantagens, obstáculos e prospecção

Advantages, Challenges and Future Perspectives

Abstract

The article examines the role of consensus as a decision-making technique in administrative law, proposing a reinterpretation of state action in light of the principles of democracy and human dignity. It begins by acknowledging that the State is among the main litigants and argues that the adoption of consensual mechanisms can reduce judicial overload while simultaneously strengthening the legitimacy of public decisions. The text traces the historical evolution of Administrative Law - traditionally marked by authoritarianism and unilateral state acts - to demonstrate the gradual opening toward dialogue and citizen participation. It analyzes the legislative framework for consensuality, especially in statutes such as the Mediation Law, the Law of Introduction to the Rules of Brazilian Law (LINDB), and Law No. 14.133/2021, and highlights the advantages of consensus, such as speed, resource efficiency, and the enhancement of trust between the Administration and private individuals. Nevertheless, it recognizes persistent obstacles, particularly the rigid conception of the non-disposability of public interest, the lack of a consolidated culture of adherence to precedents, and the apprehension caused by excessive oversight from control bodies. It concludes that consolidating consensuality represents an inevitable path toward realizing the fundamental right to good administration and fostering a more democratic, efficient, and dialogical Public Administration.