Conciliação previdenciária: uma análise sobre sua possibilidade jurídica e seus limites à luz do princípio da supremacia do interesse público

Abstract

The objective of this research is to discuss the pension conciliation under the gaze of the supremacy of public interest, offering a propositional critical, aiming to collaborate in the discussion and improvement of the mechanisms of access to justice in order to maximize the effectiveness of fundamental rights in a democratic state. We conducted a documental and bibliographic research, seeking to select not only renowned scholars of texts as well as lawyers and public prosecutors to give the theoretical foundation a glimpse of the institutional reality in Brazil on the subject. Over all it was read, analyzed and developed throughout the text was contacted that alternative methods of dispute resolution (MASCs), particularly conciliation, are compatible with the public interest and in the system context of Special Courts Federal important tools of effective access to justice, helping the state in its pacifying function of society. There was also that reconciliation, the Brazilian experience has key role in the Special Courts and Federal, with such emphasis, and it influenced the Brazilian legal system, written initiatives in the New Code of Civil Procedure. It was shown that the constitutionalization of law, which gave strength and normative centrality to the Constitutions, impacted all legal branches, including the Administrative, promoting a reinterpretation of renowned institutes and the new institution. On this light, made sure the new contours of the concept of public interest, identified with the basics and fundamental rights, imposing supremacy forward to other interests and preserve as the cornerstone of the Brazilian Administrative Law. It was noted the changing role of the Federal Public Advocacy, which organized around the AGU and with the institutional mission the defense of the primary public interest, it must be structured as a law and not state government. Based on these confirmations, we proposed a critique of the discount policy in agreements made by AGU, we offer a new view on the procedure to be adopted in case of disputes involving administrative errors, we find the criteria for negative goodwill to be used in the absence of controversy and we encourage the increased use of jurisprudence in disputes founded exclusively on the right, with direct impact on the quantity and quality of agreements to be entered.