Garantias processuais constitucionais nos processos administrativos disciplinares no âmbito do Corpo de Bombeiros Militar de Santa Catarina

• Autor(a) principal: Camilo, Rafael Fortunato
• Data de Publicação: 2011
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5627
• topic: Processo legal justo; Processo administrativo; Corpo de Bombeiros

The main goal of study is to analyze the degree of applicability of the constitutional procedural safeguards in administrative disciplinary proceedings (PAD) of the Fire Brigade of Santa Catarina (CBMSC). For this broad literature search was carried out in the law and doctrine, and documentary research in 147 PAD Corporation instituted in the year 2010. It was found that the administrative procedures have meant to the investigation of illicit functional and application of disciplinary sanctions are governed by constitutional provisions aimed at ensuring the rights to legal defense, the opposing party and other regular principles that guarantee due process. The survey revealed that 98.6% of PAD were surveyed have carried out by competent authority, in 100% of the cases was nurtured the accused the right to prior defense, however, in 30.4% of the PAD was not producing any test, in 53.2% of cases in which there was production of personal proof, the military accused firefighter was not made aware in advance about the date, time and place of hearing; in 66.7% of cases in which there was production of evidence, the accused had no opportunity to speak in closing arguments, ie after the filing of evidence and before the final decision, 29.9% of decisions were not motivated in laws, regulations or elements collected in the proceedings, and in 13 , 6% of the cases had no military firefighter formal science of the final decision. Considering the results obtained, we found that only 13.6% of the cases were analyzed according to all the items surveyed. It was concluded that the disciplinary procedures of the irregularities committed by CBMSC are constitutional, so that the constitutional guarantees of legal defense and contradictory are not being exercised in its fullness, in the form issued by the Federal Constitution.