Consensuality as an alternative mode for the exercise of state punitive pretension in the administrative sanctional process

Consensualidade como modo alternativo de exercício da pretensão punitiva estatal no processo administrativo sancionador

Abstract

The company is under the aegis of the democratic state, which has as its main foundations of citizenship and the protection of human dignity, nuclei on which stands the fundamental rights of citizens. Throughout the evolution of the structure of the State, the Administrative Law underwent profound changes, no longer be characterized as state law to act in defense of citizens, allowing for public participation as a way of legitimizing the exercise of administrative function. ln this context, the emergence of consensual phenomenon consecrated a participatory structure, breaking with the unilateral actions of the state and providing toais for a dialogic public administration, based on the improvement of the state act, in search of a transparent, interactive and efficient management. The consensual, under the various species of sanctioning administrative process, is presented through different instruments, whose adoption is a legitimate means of alternative dispute resolution in that it takes into account the interests of those involved, valuing their fundamental rights and avoiding further processes that would bring only wear the state machine. This study, therefore, is to scope out the importance of consensual as an alternative way of exercising punitive intention of the State under the sanctioning administrative processes as a way to realize the ideal of efficiency that characterizes the contemporary democratic state.