A autocomposição de conflitos no âmbito da agência reguladora Anatel e os seus reflexos no poder judiciário

Abstract

The present work aims to study the regulation of self-composition means (mediation and conciliation) of conflicts in the context of the National Telecommunications Agency - ANATEL, and in the activities of companies under a legal regime of private law, which provide public services, such as ALIVE. Since the latter is considered, according to studies by the National Council of Justice - CNJ, as one of the largest litigants in the Brazilian Judiciary. It seeks to analyze, in this way, whether or not these compositional paths of conflicts are being contextualized by ANATEL and VIVO, in order to verify which benefits are being assisted by these and their positive or negative reflexes in the Judiciary. Thus, the study of the self-compositional means discussed here, aims to demonstrate that its application can result in an important change in the current pattern of Regulatory Agencies and their regulated ones. Consequently, it is intended to analyze the Civil Procedure Code, (art. 165 and ss), the General Telecommunications Law - LGT, nº 9.472 / 1997, (art. 19, XVII), the Conflict Resolution procedures provided for in the Regulations ANATEL's Internal Law, Law No. 13,848, of June 25, 2019, (art. 29), which regulates the articulation between Regulatory Agencies and the application of mediation, and Law 13.140 / 2015, which regulates mediation between individuals as means of dispute settlement and deals with the self-composition of conflict within the scope of public administration. The inductive method will be applied to the present work. Therefore, the present research aims to elucidate the importance of the use of self-composition, by ANATEL and VIVO, as a necessary solution to solve their conflicts in the extrajudicial sphere, sequentially giving rise to the decongestion of the countless demands supported by the Judiciary.