The conciliation and mediation hearings in conflicts involving the public treasury

Abstract

The purpose of this article is to address the new procedural and procedural guidelines listed in the 2015 Code of Civil Procedure in order to safeguard the effective settlement of the merits of the claim without undermining the principles of speed and procedural efficiency. Among these are the mediation and conciliation hearing to be held prior to the presentation of the defense, as per art. 334, of the CPC. From this perspective, the Public Treasury was not rejected from this procedure, although its interests are, as a rule, unavailable. In this sense, "Public Treasures should publicize the assumptions in which their Public Advocacy bodies are allowed to accept self-composition." However, the legislature didn't list any specificity for the conciliation hearing when the public entity is a procedural subject. In this case, it is important to emphasize that, due to the principle of legality, the public administrator can only transact if there is legislative provision for this to occur. However, as provided for in Article 3, paragraph 3, of CPC / 2015, it is up to lawyers to encourage self-composition, as well as to inform the court in case any authorization to self-compose, as a way of obeying the aforementioned article.