ABUSIVE CONSENSUALITY IN ADMINISTRATIVE LAW: INITIAL THEORIZING NOTES

Administrative law has focused on the adoption of consensual forms of administrative action. Nevertheless, there are cases in which Public Administration enters into administrative agreements with private individuals, supposedly based on consensus, but which, in essence, hide unilateral impositions by public authorities. This occurs in situations where the private party is circumstantially forced to enter into the agreement and accept certain disproportionate clauses. The aim of this article is, without exhausting the theme, to explore this phenomenon, which we will call abusive consensuality. In order to suggest initial ways to theoretically systematize the issue, we will outline a notion of abusive consensuality, point out concrete cases in which it would have occurred in the practice of Brazilian Administrative Law, and suggest possible forms of control.