Advocacia Pública Municipal Consensual: acordos trabalhistas realizados pelo Município do Rio de Janeiro como estudo de caso – cautelas e possibilidades

Abstract

They usually explain the current moment of openness of Public Advocacy to institutional dialogue and consensus between the parties exclusively with the concept of “Multi-Door Justice” by Cappelletti and Garth, who already encouraged the use of alternative means of resolving disputes during the third wave of the access to Justice movement in the 1980s and 90s, but also and, mainly, the outbreak of mass demands before the Public Treasury and the judicialization of public policies in recent decades have made judicial activity less judicial and more bureaucratic, almost-administrative. In addition to all this, with constitutional maturity, the constitutionalization of public administration took place, in which the exercise of state powers to exhaustion no longer complies with a Democratic State of Law in which it is more important to serve the public interest in consensus than through the permanent exercise of unilateral prerogatives; in which the public interest can be achieved through a transaction without this meaning compromising public affairs; in which the proceduralization of the Administration, with isonomic paths and impersonal solution criteria, can offer alternatives to state procedural intransigence, when it is not the best procedural alternative for resolving the conflict and as long as this best meets the constitutional values ​​pursued by the entity public. When dealing with one of the parts of the Public Treasury, however, caution is also required regarding impersonality – and not the risk of casuistry – when dealing with public affairs.In this sense, a good agreement, in relation to a decision that has already become final and unappealable – and necessarily with a discount for public coffers – achieves the purpose of public law as an essential institution for justice rather than its protraction ad aeternum in time, complying with the reasonable duration of the process, a corollary of due legal process, inherent to the principle of access to justice. However, a new stance is required from the public lawyer, the Judiciary and the party, less confrontational and more dialogic. It is from a concrete experience of labor agreements, carried out by the Municipality of Rio de Janeiro and held within the scope of the Labor Court - 1st Region, that this article takes care of to illustrate this epistemological turn of Brazilian procedural law and paradigmatic, of the performance of the public treasury, which, if, before, it only came in the discourse, or in the exclusive niche of tax enforcement, now it is here to stay and spread wherever there are mass demands.