THE OVERCOMING OF STRICT LEGALITY AS AN OBSTACLE TO THE USE OF ALTERNATIVE DISPUTE RESOLUTION METHODS BY PUBLIC ADMINISTRATION

Abstract

This paper aims to examine how strict legality no longer constitutes an obstacle to the use of alternative dispute resolution methods (ADR) by the Public Administration. From a methodological standpoint, the research is qualitative, exploratory in nature, and based on a bibliographic review, drawing on articles published in specialized journals, books, and the legislation in force. Thus, based on the theoretical framework analyzed, the study examines the transformation of this legal category in light of the values established by the 1988 Federal Constitution. In this regard, the study concludes that the principle of strict legality has given way to the principle of juridicity, thereby making it possible to derive the legal grounds for the use of ADR by the Public Administration directly from the Constitution.