O consenso no controle da administração pública: as soluções consensuais de conflitos do Tribunal de Contas da União

Abstract

The present study aims to investigate whether the new consensual resolution mechanism instituted by the Federal Court of Accounts (TCU) stems from the paradigmatic evolution of Administrative Law or the broadening of the Court's competencies, aiming to influence the decision-making process within the Public Administration. The innovation promises efficiency and swiftness in the Court's operations. However, considering TCU's trend to expand its competencies beyond what was defined by the Federal Constitution, there is a risk that this instrument may, in reality, become a mechanism for active participation in the decision-making of the Administrator. In order to conduct this analysis, both deductive and inductive methods were employed. Initially, an effort was made to comprehend the overall context of TCU's jurisdiction. Subsequently, a specific data analysis was conducted, allowing for a diagnosis of the Court's performance