Disciplinary prosecution in trade union : application of disciplinary punishments in light of the principle of Non Bis In Idem

• Autor(a) principal: Silvério, Edson
• Data de Publicação: 2022
• Outros Autores: Câmara de Oliveira, Hilderline
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Segurança Pública (Online)
• Texto Completo: https://revista.forumseguranca.org.br/index.php/rbsp/article/view/1423
• topic: Non bis in idem; Sindicância militar; Punições disciplinares; Non bis in idem; Millitary inquiry; Disciplinary punishments

The present article scopes to verify if, among the disciplinary persecution on the extent of the Administrative Advisory of General Commander, the Assistance of Internal Affairs and the Administrative Advisory of Command of Countryside Policing - CPI - from the Military Police of the State of Rio Grande do Norte (PMRN), isn't there a full alignment with the determinations contained in the principle of non bis in idem as for the establishment, instruction and application of disciplinary punishments, once it was observed that there was such duplicity on the instauration of the inquiry. The research is of an exploratory nature, as well as bibliographical and documental nature with a quantitative approach with the use of the inductive method. The data showed that it is indispensable that the military institution of the states become aligned with the new national normative context, since the Military Police of the RN state is, by one hand, the one that ensure the application of the laws from the government agency and, by the other hand, the institution responsible by the internal application, in which the investigation of the disciplinary faults through the military inquiry and the application of punishments are always in agreement with what is determined by the CF of 1988 and by other infra-constitutional laws.