A admissibilidade da mediação administrativa

• Autor(a) principal: Marques, Cátia Andreia Rebelo
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/140416
• topic: Mecanismos alternativos de resolução de litígios; Mediação administrativa; Direito administrativo; Transigibilidade; Alternative dispute Resolution methodr; Administrative mediation; Administrative law; The possibility of negotiation regarding the public interest; Direito

The purpose of this reflection is to analyze the framework that best accommodates the usage of mediation when it comes to Administrative Law conflicts in Portugal. This alternative dispute resolution method is non-binding according to the Portuguese law. However, it is noticeable that many still doubt its efficacy. For this reason, we shall begin by discussing if in this case mediation should still be non-binding or if making it mandatory could help assert its place as a viable method of conflict resolution. Following that, it is important to take note of the advantages and disadvantages associated with an institutionalized mediation procedure, as opposed to the ad hoc kind. As we will see, this will contend with the topic regarding the guarantees given to those who interact with administrative entities and, therefore, help us understand which kind of mediation best suits the needs identified in this type of conflicts. Given that mediation already takes place in Portugal when it comes to civil and commercial matters, we shall refer to it briefly so that we can have a term of comparison when it comes to the analysis of the criteria used to determine which conflicts might be solved through this method. In addition, we shall also use it to determine if the principles and procedures already included in the Portuguese Mediation Law for Civil and Commercial Matters could also be implemented to the mediation of Administrative Law conflicts or if it would be better to have a specific law that took in consideration the pointed out specificities.