Deslocalização da prestação de serviços: impactos do teletrabalho remoto na regulação do emprego brasileiro

• Ano de defesa: 2019
• Autor(a) principal: Marques, Caio Victor Nunes
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Centro Universitário de João Pessoa; Brasil; PPG1; UNIPÊ
• Palavras-chave em Português: Mediação de conflitos; Administração Pública; Democracia; Acesso à justiça; Modelo Cooperativo; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2636

The main object of the current research is the democratization of conflict resolution involving the government as part through mediation, an autocompositive procedure in which an impartial third party helps the parties to seek consensus starting from the dialogue, thus allowing the participation of the citizen in the construction of the best solution for the case in question. The work aims to solve the following question: based on the analysis of the democratic state of law in Brazil, can mediation be seen as a tool to broaden citizen participation in consensus building, through dialogue, as a way of resolving conflicts between individuals and public administration? The hypothesis examined is that mediation involving public entities is a real tool for access to justice and social pacification, and can provide citizens with a greater participation in the decision-making processes of the demands that involve the government. In addition, it presents itself as an efficient institute for the use of the public machine, considering that, through the use of this consensual mechanism of conflict resolution, the expectations of the principle of efficiency of the government are fulfilled, by allowing a greater budgetary predictability , and greater speed in the delineation of the conflicting matters, reducing the number of pending cases in the judiciary and, consequently, enabling a reduction of public expenses. However, what is seen in the implementation of this institute in practice, in disputes in which public administration is a part, is not exactly an extension of this participation. What usually occurs is just the offer of an standard form contract, as na agreement, undermining any possibility of the individual to influence the construction of the consensus.