Nulidades no processo administrativo disciplinar

Abstract

The purpose of this work is to study the main nullities of the disciplinary administrative process, their consequences and possible ways to identify and avoid them. It starts from the differentiation of procedure and process, and emphasizes the need to interpret the law in a systematic way, recognizing its material-axiological and finalistic dimensions, essential for the correct understanding of the topic. The study of the disciplinary administrative process is initially carried out from a general approach at the federal level, from the perspective of Law No. 9,784/99, with the identification and detailing of its phases, covering main points, such as the legal nature of the Councils of Professional Inspection that constitute Federal Authorities, their contextualization, nature of the PAD, objectives and purpose. Next, the research addresses the principles that give concreteness to the pillars of the Democratic Rule of Law and that guarantee civil servants and limit public administration, thus ensuring that the PAD is in compliance with the normative legal system. Subsequently, it analyzes the main causes of PAD nullities, their consequences, ways to avoid them, to repair illegalities and, finally, it analyzes the (un)constitutionality of binding summary nº 5 of the STF