CONSENSUAL SOLUTIONS IN FEDERAL COURT OF ACCOUNTS:

SecexConsenso and Normative Instruction n. 91/2022

Abstract

It is increasingly common to use consensual methods of resolving conflicts involving the Public Administration, whether judicially or extrajudicially. Furthermore, the trend towards consensuality in Administration has spread to other branches of Law such as Environmental, Tax and Criminal Law. The same can be observed when it comes to external control of the Administration. Therefore, the objective of this study is to analyze the insertion of consensual solutions within the scope of the Federal Audit Court, which took place through Normative Instruction no. 91/2022, with the creation of SecexConsenso. Thus, the work was developed using the logical-deductive approach method, through theoretical research, as well as using the indirect documentary technique (bibliographical, legislative and jurisprudential review). The article has three sections: the first briefly presents aspects related to consensuality in Public Administration; the second, exposes and details Normative Instruction no. 91/2022; Finally, the third addresses consensual solutions in the jurisprudence of the Federal Court of Auditors. In light of the doctrine and jurisprudence analyzed, it was possible to observe that the regulations are in line with modern Administrative Law, as well with administrative legal principles and values.