End of Commitment Report – Implement the Chamber for Prevention and Administrative Resolution of Conflicts in Contagem (CPRAC-C) – Open Justice

Name of Evaluator

Isabella Lígia Moraes

Email

[email protected]; [email protected]

Member Name

Contagem, Brazil

Action PlanAction plans are at the core of a government’s participation in OGP. They are the product of a co-creation process in which government and civil society jointly develop commitments to open governmen... Title

Action plan – Contagem, Brazil, 2022 – 2024

CommitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action...

Implement the Chamber for Prevention and Administrative Resolution of Conflicts in Contagem (CPRAC-C) – Open JusticeAn open, independent, and impartial justice system serves as a foundation for better access to justice by fulfilling all people’s civil liberties and allowing individuals to more effectively protect...

Action

The City Executive Power will forward a bill to the City Council for the implementation of the CPRAC-C, to promote consensual resolution of disputes in public administration, without the direct involvement of the judiciaryWhile a majority of open government reforms occur within the executive branch, OGP members are increasingly taking on commitments to increase the openness of the judicial branch. Technical specificati.... As a result, it is expected to increase the administrative solution of conflicts that have or have not become the subject of lawsuits, with the consequent reduction of response time and distribution of new cases, in addition to promoting more effective solutions to strategic conflicts and access to rights by the population.

Problem

The Municipal Attorney-General’s Office of Contagem handles approximately 6,500 lawsuits in addition to several administrative procedures. Many of them are related to routine demands from Contagem’s citizens, which increase the agency’s workload; others, in smaller numbers, are strategic cases – that is, cases of relevant political impact for the municipal public administration. In both situations, there is low effectiveness in the promotion of rights and in the response time to citizens’ problems.

1.1 What was the overall level of progress in the commitment implementation at the time of this assessment?

substantial

Provide a brief explanation of your answer:

To prevent and resolve conflicts in a consensual manner in public administration, in an agile and accessible way, without depending on the Judiciary intervention, this commitment has reached an essential milestone: the finalization of the Bill that institutes the dejudicialization policy and creates the Chamber for the Prevention and Administrative Resolution of Conflicts of Contagem (CPRAC-C). During the preparation of the Bill, comparative studies of legislationCreating and passing legislation is one of the most effective ways of ensuring open government reforms have long-lasting effects on government practices. Technical specifications: Act of creating or r... and organizational practices have supported the standard, with dialogue between actors internal and external to the Attorney General’s Office. In partnership with the UNA Contagem University and the local Court of JusticeTo address barriers that prevent citizens from having their justice needs met, OGP participating governments are working to expand transparency, accountability, and inclusion into all systems of justi..., legal demands were mapped and new flows for dejudicialization were created, especially in Health, with the support of Special Courts and the Public Prosecutor’s Office, increasing efficiency in resolving municipal conflicts.

Provide evidence that supports and justifies your answer:

• Finalized Draft Bill 
• Presentation of the Draft Bill for the Attorney General’s Office 
• Presentation of the Draft Bill at the City Hall of Contagem 

1.2 Describe the main external or internal factors that impacted implementation of this commitment and how they were addressed (or not).

Although the first draft of the Bill for the creation of the Chamber for Prevention and Administrative Resolution of Conflicts (CPRAC-C) was prepared in the first half of 2022, its finalization has taken place only in November 2024. This delay was due to the complexity of the topic and the legal issues addressed in the normative instrument, which required extensive discussions and internal consensus in the Attorney General’s Office. Furthermore, the search for legitimacy among public servants and the guarantee of legal security to implement dejudicialization and the CPRAC-C proved to be more challenging than expected. Externally, the main impact factor was skepticism regarding the viability of self-composition within the scope of the local Executive Power. To face this resistance, the support of the UNA Contagem University was crucial, through the project “Dejudicializing Contagem: CPRAC-C and OGP”, which provided technical and academic bases for the commitment. The spaces for dialogue created with representatives of the Court of Justice of Minas Gerais (TJMG) and the Public Ministry of Minas Gerais (MPMG) were also fundamental, helping to build trust and credibility for the proposal. These combined efforts were decisive in advancing implementation, even in the face of difficulties.

1.3 Was the commitment implemented as originally planned?

Most of the commitment milestones were implemented as planned

Provide a brief explanation of your answer:

The preparatory phase of the commitment was largely satisfactory, standing out for the detailed research and strategic planning that involved legislative studies, analysis of experiences of administrative resolution chambers in other locations, and meetings with AGE-MG, AGU, Public Ministry and Court of Local Justice. These efforts made it possible to create a model adapted to the specificities of Contagem and raise awareness among the main actors involved. However, the construction phase of the Bill required significant adaptations and long negotiations to align the municipality’s demands and legitimize the proposal among civil servants and political agents, culminating in the completionImplementers must follow through on their commitments for them to achieve impact. For each commitment, OGP’s Independent Reporting Mechanism (IRM) evaluates the degree to which the activities outlin... More of this milestone only at the end of the Action Plan’s term. The vote and implementation of the Bill, scheduled for 2024, were postponed to 2025 due to municipal electionsImproving transparency in elections and maintaining the independence of electoral commissions is vital for promoting trust in the electoral system, preventing electoral fraud, and upholding the democr... More and the legislative recess, which made deliberation in the estimated period unfeasible.

Provide evidence for your answer:

• Screenshot of the meeting with the Director of the Mediation and Conciliation Chamber of the Public Administration of the Attorney General’s Office 
• Print screen of the internal meeting agendas with the Attorney General’s Office 
• Comparative studies of legislation and structures of CPRACs in other entities 

2.1.1. – Did the government disclose more information; improve the quality of the information (new or existing); improve the value of the information; improve the channels to disclose or request information or improve accessibility to information?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

The implementation of the milestones consolidated an environment conducive to disseminating the values of open government and justice in municipal bodies and the local justice system. With the significant participation of UNA Contagem University and the support of the Court of Justice, it was possible to establish communication channels to collect and analyze data from local legal proceedings. This made it possible to map the main demands of citizens, identify challenges for the self-composition of conflicts, and promote greater rapprochement between the Municipality, the Judiciary and the Public Ministry. Furthermore, the presentation of the results of the project “Dejudicializing Contagem: CPRAC-C and OGP” raised awareness among employees of the Attorney General’s Office about the importance of institutional cooperation. This awareness fostered improvements in working methods and the efficiency of judicial and administrative processes, reinforcing the public administration’s skill to meet the population’s demands in a more agile and effective way.

Provide evidence for your answer:

• Procedural data analysis report from the Public Finance Courts of the District of Contagem 
• Photo of a meeting between the Attorney General’s Office team and the Judge Director of the Contagem 
• Email response from the Court of Justice 

2.1.2. – Did the government create new opportunities to seek feedback from citizens/enable participation inform or influence decisions; improve existing channels or spaces to seek feedback from citizens/enable participation/ inform or influence decisions; create or improve capabilities in the government or the public aimed to improve how the government seeks feedback from citizens/enables participation/ or allows for the public to inform or influence decisions?

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

The commitment generated an impact by engaging citizens through a public consultation on the DECIDE Contagem platform, where CPRAC-C won 5th place, with 13% of the votes. This result is significant, considering that it is a complex and technical topic, related to justice. Another highlight was the continuous involvement of students and UNA University coordination, creating a permanent space for studies and analysis, contributing with feedback on judicial data and the impact of an administrative resolution chamber on public law. The implementation of the commitment promises to transform the relationship between the population and public administration, promoting active participation in resolving conflicts, reducing response times, reducing costs and greater access to justiceAccessible justice systems – both formal and informal – ensure that individuals and communities with legal needs know where to go for help, obtain the help they need, and move through a system tha... More. This proximity to everyday demands eliminates, in many cases, the need to resort to the Judiciary. Although the direct impact has not yet been fully felt, evaluation of data from mapped legal processes and the potential for de-judicialization or faster resolution of demands indicate a high probability of significant improvement in citizens’ lives.

Provide evidence for your answer:

• Work Plan Dejudicializing Contagem
• Final presentation meeting of the extension project with Prof. Lucas Andrade, students of UNA Contagem, and employees of the Attorney General’s Office 
• First Action Plan with the Results of the popular vote on the winning commitments 

2.1.3 Did the government create or improve channels, opportunities or capabilities to hold officials answerable to their actions?

Not Applicable

Degree of result:

Did not change

2.1.4 Other Results

Yes

Degree of result:

Major

Explanation: In narrative form, what has been the impact on people or practice.

The existence of a commitment to Open Justice in the Municipal Attorney General’s Office generated a significant impact by promoting training, learning, and engagement of the legal community. This made it possible to expand the debate on open justice, reaching not only the local Executive Power, but also other relevant actors. The Attorney General’s Office played an active role in promoting innovative openness practices in the Brazilian justice system and in Latin America. Striking examples include its participation in Open Government events organized by the Brazilian Open Government Network, the International Open Government Academic Network (RAGA) and América Aberta 2022 and 2024, and state events, such as the National Forum of Attorney General, in 2024, and the Seminar on Integrity, TransparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More and Combating Corruption in Itabirito, in 2022. These contributions helped to lead the theme of the open justice beyond the borders of the Judiciary, creating an environment conducive to the exchange of ideas and the strengthening of participatory democracy.

Provide evidence for your answer:

• International event in Contagem 
• Presentation of the Chamber for Prevention and Administrative Resolution of Conflicts at the RAGA event in Costa Rica-in June 2024
• Photographic records of all events

2.2 Did the commitment address the public policy problem that it intended to address as described in the action plan?

Yes

Provide a brief explanation of your answer:

The public policy problem faced in this commitment is the overload of legal actions at the Attorney General’s Office of the Municipality of Contagem, resulting in low effectiveness in guaranteeing rights and long deadlines for resolving citizens’ demands. Many of these actions concern to routine issues that could be resolved without judicialization, while others involve strategic cases with political impact for the municipal public administration. As a solution, the Bill was prepared to authorize dejudicialization and establish the Chamber for the Prevention and Administrative Resolution of Conflicts (CPRAC-C). This project received technical support from the extension program “Desjudicializing Contagem: CPRAC-C and OGP”, developed in partnership with the UNA Contagem University and the Court of Justice of Minas Gerais. The Bill has been concluded and will be forwarded to a vote by the municipal legislature at the beginning of next year, 2025.

Provide evidence for your answer:

Attorney Office’s indicators- November 2021 report 

3. Provide at least one lesson or reflection relating to the implementation of this commitment. It can be the identification of key barriers to implementation, an unexpected help/hindrance, recommendations for future commitments, or if the commitment should be taken forward to the next action plan.

The implementation of this commitment faced significant challenges, especially related to the complexity of the topic addressed and the need to build consensus and mobilize political efforts, both internal and external to the Municipal Attorney General’s Office. Unexpected support came from the local Court of Justice, which, upon learning of the project, actively contributed to advancing the discussions and stages of the commitment. On the other hand, a relevant obstacle was the impact of the 2024 municipal elections, which made it difficult to approve the CPRAC-C Institutionalization Bill due to changes in political priorities during the electoral period. Despite these barriers, the commitment of members of the Municipal Attorney General’s Office in preparing the project stands out, as well as the collaborative exchange of knowledge related to the opening of justice. Given the progress achieved to date, although limited by the circumstances previously described, it is strongly recommended that this commitment be continued in the next Action Plan, ensuring that the efforts already made are used and expanded.