The Applicability of Mediation as a Conflict Resolution Method in Disciplinary Administrative Proceedings at the Court of Auditors of the State of Santa Catarina

Abstract

This article aims to demonstrate that the adoption of mediation as a conflict resolution method in the public administration, where applicable, is an effective and suitable means without the need to initiate disciplinary administrative proceedings, given the significant procedural, temporal, and economic advantages. In general, controversies within the administrative sphere arise from a lack of dialogue, in an environment where hierarchy and responsibilities are strongly delineated, characteristics of Sanctioning Administrative Law. Focused on the Court of Auditors of the State of Santa Catarina, the study presents a proposal based on the constitutionality of using mediation in disciplinary administrative proceedings, in light of the absence of specific infraconstitutional legislation. It addresses challenges in the implementation of a managerial state, particularly regarding hierarchical and disciplinary powers, which result in bureaucratic administrative procedures. As a resolution measure, it proposes the adoption of innovative approaches, such as dialogical and instructive communication through mediation, aiming to resolve conflicts and avoid lengthy and costly disciplinary procedures.