Implement the Chamber for Prevention and Administrative Resolution of Conflicts in Contagem (BRCTM0003)

Commitment ID

BRCTM0003

Commitment Title

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

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 citizen’s problems.

Status quo

Two-thirds of OGP global members have made commitments regarding Open Justice. Half of these members are in Latin America.

In the region, most of Open Justice commitments only cover the actions of the courts, leaving aside other spheres in which is possible to qualify legal processes and their results for the population - for example, the administrative self-composition of conflicts.

Since 2010, rules on conciliation and mediation procedures have emerged in Latin America. In this scenario, in Brazil, since 2015, there are two federal laws that authorize the consensual resolution of disputes in the public administration with the provision for the creation of chambers that resolve conflicts involving public agencies and individuals. In other words, there are laws that support the construction of compromises that promote Open Justice before and beyond the actions of the courts.

For this reason, the Contagem City intends to advance in the development of this field with the creation of the CPRAC-C, which will contribute to more effective and speedy access to rights by the population.

Action

The City Executive Power of will forward a bill to the City Council for the implementation of the CPRAC-C, in order to promote consensual resolution of disputes in public administration, without the direct involvement of the judiciary. 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 adittion to promotion of more effective solutions to strategic conflicts and access to rights by the population.

How will the commitment contribute to solving the public problem described above?

The commitment will increase the efficiency of access to justice by citizens and the effectiveness of the solution of strategic actions involving different public administration agencies, as well as reduce the volume of actions on repeated matters. In a broader sense, the commitment will empower citizens to participate more actively in the solution of legal issues which, with the CPRAC-C, will be closer to daily reality and can be more feasible, adequate, and agile, without the necessary interaction with the Judicial Courts.

What long-term goal as identified in your Open Government Strategy does this commitment relate to?

The CPRAC-C will be a chamber that, in the long term, will contribute to the reduction of conflicts between the Public Administration and the population. In this sense, this commitment will converge with the Brazilian national movement to promote the prevention and consensual resolution of disputes, enabling access to justice and the construction of more effective, responsible, and inclusive institutions. The creation of the CPRAC-C is supported by target 16 - Peace, Justice, and Effective Institutions - of the United Nations (UN) Sustainable Development Goals (SDGs), which aims to promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels. This is a commitment that matters to the OGP insofar as access to justice is indispensable for the democratic rule of law.

Primary Policy Area

Other/NA

Primary Sector

Justice

What OGP value is this commitment relevant to?