Os Dispute Boards como método adequado para execução das obrigações de fazer no processo estrutural: uma análise sob a perspectiva do acesso à jurisdição

Abstract

This monograph examines the application of Dispute Boards within the context of structural litigation. The central research problem was to determine whether the use of these mechanisms contributes to effective access to justice in this setting. The hypothesis is that Dispute Boards, regardless of their typology, are suitable for the execution of obligations to do in structural processes by the Public Administration, given their compatibility with the Constitution of the Federative Republic of Brazil of 1988 and the general rules of the Code of Civil Procedure. The primary objective was to analyze the suitability of different types of Dispute Boards for the enforcement of obligations to act arising from structural decisions. The adopted methodology was theoretical-documentary and comparative, based on doctrinal and normative analyses, including Draft Bill n.º 3/2025 and Draft Bill n.º 2421/2021, which originated from Senate Draft Bill n.º 206/2018. The study demonstrated the effectiveness of Dispute Boards in the development and monitoring of the structural action plan. Partial results indicated the viability of using certain Dispute Board modalities in the second phase of structural litigation, assisting both in the initial design of the plan and in monitoring the execution of structural measures. They function as a public administration instrument guided by efficiency and the economic-financial balance of contracts. It is concluded that, despite favorable national and international experience with Dispute Boards and their contribution to effective access to justice through addressing the structural problem, their adoption requires observing certain composition and operational requirements, such as a preference for permanent, multi-member committees with an adjudicatory nature. Although resistance persists among legal professionals, it is found that these issues are surmountable with deeper reflection and the advancement of regulation.