Consensual public administration in the resolution of criminal conflicts

Abstract

The police are usually the first point of contact between social conflicts and the State. And criminal law is not always the best way to fully satisfy the public interest. The objective of this research is to identify whether it is possible to use consensual public administration as a parameter for resolving criminal conflicts. This is an applied research, with a qualitative approach, which used bibliographic and documentary procedures to complete a legal and administrative analysis on the proposed topic. It was identified that there is no public interest without considering the individual interests of citizens, which is why a State action that only uses public security to impose the State's right to punish is inadequate and unlawful. And that consensualism has enabled several successful experiences in Brazil. It is concluded that consensual or dialogical public administration, mainly through police mediation, should be the preferred way to resolve criminal conflicts of lesser offensive potential, both because it optimizes the results of the administrative machine, relieving the Judiciary and other organs of the criminal system, and because it better meets the needs of public security users.