Tutela extrajudicial de direitos coletivos em Pernambuco: MinistÃrio PÃblico, atividade autocompositiva e compromisso de ajustamento de conduta

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The research surveys the possibilities of extrajudicial resolution in collective conflicts in the State of Pernambuco. Public prosecution service is constitutionally in charge of the protection of social rights. The so-called Compromisso de Ajustamento de Conduta (translated as Commitment to an Adjustment Behavior), is an agreement created by law, aiming to provide easier access to justice in public interest issues. It can be used inside and outside the courts under the responsibility of the Public Prosecution service and public agencies and it is a promising tool for public dispute processing. It is known little, still, concerning the moment and the ways of preparing a decision in the scope of an agreement of this type, and even less about its protective effects. This preliminary research focuses the activity of public attorneys because they gather experience and information regarding public interest litigation and nonadversarial solutions. The results disclose that this agreement encloses environment, health, education, consumer among other issues. However, better results should be achieved. Technical information concerning the use of techniques of assessment and conflict resolution is needed. The internal controls concerning qualitative results and supervision over institutional behavior in the consensus building process do not work as efficiently as they were expected. Revisional procedures undertaken by the higher stages of appeal in the institution, lack regulation. Proposals to improve quality result controls point out investments in structure and staff

ASSUNTO(S)

dispute resolution agreement direitos coletivos social rights ajustamento de conduta direito resoluÃÃo de disputas

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