Aspectos processuais na fase de defesa prévia da ação de improbidade administrativa

• Autor(a) principal: Bueno Filho, Fábio
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34039
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

This thesis aimed to examine some procedural issues related to the Law 8.429/1992 ( Administrative Misconduct Act ), which presents some peculiarities with respect to most other laws too, because it depends on an administrative investigatory phase and prior, a starting time contradictory and full defense and ultimately the course of action itself. The main focus was to ascertain the Act, the various doctrinal trends in case law and procedural rite as defined in Code of Civil Procedure applies to the stage of preliminary defense of the action of administrative misconduct since the matter back to the practical field, some controversy, because it is the phase in which the action has not yet been received, being faced with enormous caution by professionals. Despite strong arguments to the contrary that tend to advance, among other arguments, that the phase of preliminary defense should be expeditious, because in addition to being grounded for preliminary investigation, the rite of the Code of Civil Procedure would be used if it were already accepts action, it was concluded that the application of procedural rules at the stage of preliminary defense is more effective and less fearful of ensuring a fair and serious processing, especially in this type of action which seeks to protect the population as a whole means