Abstract

TORRES OSORIO, Edilsa del Socorro. Administrative Dispute Settlement. Analysis from the Due Process of Law. Prolegómenos [online]. 2021, vol.24, n.48, pp.93-108.  Epub Dec 31, 2021. ISSN 0121-182X.  https://doi.org/10.18359/prole.5457.

Administrative dispute settlement is a complex procedure, which, according to statistics, does not show optimal results in producing fewer lawsuits and sentences against the State. Thus, this research aims to verify whether administrative dispute settlement follows the due process of law (DPL). We use the latter as an analogy to reach our goal: 1) the right of access to jurisdiction, 2) the right to obtain a settlement procedure based on objective law, 3) the right to remedies established by law against judicial decisions, 4) the right to execute settlement agreement certificates, 5) the right to the unchangeability of the agreements reached, and 6) the right not to be defenseless in the settlement process. We found that two of the listed guarantees are violated. The first is that Article 243 (4) of the Code of Administrative Procedure and Administrative Litigation does not allow the parties in conflict to appeal the order that approves or denies the agreement ratification. The second is that less than 30 % of the agreements are ratified due to the complexity of the procedure, rendering the conflict resolution mechanism ineffective.

Keywords : administration of justice; settlement; administrative litigation; due process of law.

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