A atuação processual do poder público na perspectiva do movimento de reforma do processo

Abstract

The present dissertation aims to approach the diverse characteristics pertinent to the conflicts of interests where public law legal entities appear as parties (Public Administration), with focus on the recent normative changes accompaniment that are being produced, in this field, in native and foreign law. The work was structured to allow a wide-range knowledge of the actual matter involving the legal system of the causes involving the Public Administration, with the boarding of the group of procedural prerogatives today existing on its behalf and the note of its harmful consequences related to the right of the access to justice and its principles, specially, effectiveness, isonomy and celerity. The study also intends to bring information about how the substance in comment is treated in some foreign legal systems, with special emphasis in the comment of the main reforms that they have tried (Portugal e Spanish). Moreover, the study will approach the main perspectives of the Public Administration’s behavior in the process that allows the full implementation of the right of the access for the citizens who litigate against the State, approaching some of the main changes to be undertaken for such end, as well as proposing the adoption of a new procedural model for propagation of the conflicts involving the Public Power.