The conflict solution in the Federal Conciliation and Arbitration Chamber

a case report – UNIFESP x União

Abstract

This article consists of a case report related to an administrative process of self-composition within the scope of the Federal Conciliation and Arbitration Chamber (CCAF). It is, therefore, an empirical research that uses documentary analysis and interviews to investigate whether the CCAF’s own characteristics contribute to the realization of the administrative agreement. The characteristics to be investigated are the CCAF as a public chamber, the qualification of the conciliator who acts in the case (member of the State Attorney General Office), the prohibition of immediate judicialization in conflict between Federal Administration bodies and the arbitration institute. From the data collected, it was possible to conclude, among other findings, that the officiality of an institutional procedure contributes to the formalization of agreements between public agencies. On the other hand, that the prohibition of judicialization and the binding of CCAF to the Direct Public Administration can present obstacles to a voluntary and equidistant conciliation procedure of the parties involved.