O termo de ajustamento de conduta como instrumento de negociação nos conflitos de natureza administrativa, no âmbito do Poder Executivo Federal

Abstract

The theme of the research is the Conduct Adjustment Term – CAT (TAC) – as an instrument of negotiation in conflicts of administrative nature, in the realm of the federal executive power. The sociability attributed to the human species propitiates that there be a natural interference of conducts between people which can lead to distinct behaviors, divergences of opinions and collision of interests resulting from personal relations. The presence of conflicts is inevitable in the life of the individuals since it is inherent to human nature itself and can be received in a constructive manner depending on how it is dealt with, if there is the intent that it be minimized or even eradicated. Thus, within the alternatives for the solution of conflicts, one can cite the Conduct Adjustment Term which can be instrumentalized through a negotiation process, going through stages which lead to an agreement. In the area of federal public administration, the Conduct Adjustment Term is a tool which aims at agreements between the subjects who participate in this process, in a dynamic of cooperative nature, where one part assumes the responsibility for deviating from the behavior and commits to change it, having as the counterpoint the non-instauration of a disciplinary administrative process, not favoring the public servant. Therefore, the viability of the negotiation process as a strategy to celebrate the Conduct Adjustment Term in the cases of minimum harm to the internal order, contributes so that both parts have mutual gain.