Conclication procedures in disputes involving executive authorities in Brazil: the genesis of legal regulation

The subject of the study is civil and administrative legal norms that establish the foundations and procedures for applying conciliatory processes in disputes involving executive authorities in Brazil, as well as the scientific perspectives of Brazilian authors on this regulation. The research covers key regulatory acts in Brazil, including the Civil Procedure Code of 2015, laws on arbitration and mediation, and special acts in the administrative legal sphere. It examines the legal mechanisms for applying various types of conciliatory procedures, including mediation, conciliation, and arbitration. It considers the creation of specialized bodies, such as the Federal Chamber of Mediation and Conciliation. The study includes an analysis of the works of Brazilian authors and examines the evolution of the legal regulation of conciliatory procedures since the 1990s, highlighting key stages in the development of legislation. The research was conducted using the following general scientific and specialized legal methods: analysis, synthesis, deductive method, inductive method, classification method, abstraction method, and formal-legal method. The scientific novelty of the study lies in identifying key stages and trends in the development of legal regulation of social relations arising from the resolution of legal disputes through conciliatory procedures involving executive authorities in Brazil. As a result of the conducted research, it was concluded that the genesis of legal regulation of dispute resolution involving executive authorities using conciliatory procedures in Brazil consists of four stages: 1) consolidation of the possibility of using conciliatory procedures for resolving property disputes involving executive authorities (1990s); 2) expansion of the scope of application of conciliatory procedures and the establishment of formal organizational structures within the executive branch authorized to organize and conduct them (2000-2010); 3) adoption of special regulatory legal acts governing the process of resolving conflicts involving executive authorities through various types of conciliatory procedures and official confirmation of the possibility of their use in administrative legal disputes, as well as in resolving legal conflicts in an administrative manner (2010-2018); 4) improvement and detailing of the rules for conducting conciliatory procedures in resolving administrative legal disputes by creating a large body of subordinate legal norms (2019-present).

Conciliation procedures, Administrative justice, Administrative legal disputes, Executive power, Brazilian legislation, Consensual methods, Administrative-jurisdictional process, Alternative dispute resolution, Mediation, Reconciliation