Crisis of the Jurisdiction and Resolution n. 179/2017 of the National Council of the Public Prosecutor: is it possible to adjust conduct in matters of administrative impropriety?

Abstract

The study examines the Resolution n.179/2017-CNMP, which regulates, within the scopeof the Public Prosecutor’s Office, the commitment to conduct adjustment. The nature, object, competence, and impact of this out-of-court dispute resolution mechanism is studied in the face of the crisis of jurisdiction in Brazil. The Resolution also evaluates with regard to the manifest possibility of its use in matters of administrative impropriety, in apparent contradiction to Law n. 8.429/1992. From a bibliographical research and the use of the deductive method, the study concludes pointing out the possibilities and the limits of the act of the CNMP.