O princípio da cooperação no âmbito do processo administrativo disciplinar

• Autor(a) principal: Araújo, Sammara Costa Pinheiro Guerra de
• Data de Publicação: 2017
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/handle/123456789/44138
• topic: Processo administrativo disciplinar. Novo código de processo civil. Princípio da cooperação.

The present research develops a study about the proper application of the principle of cooperation, also called principle of collaboration, coming with the New Code of Civil Procedure, within the scope of the administrative disciplinary process. For this, the importance of the administrative process in the context of the contemporary Public Administration and its historical evolution until arriving in the Democratic State of Right is discussed. It also analyzes the spirit of the New Code of Civil Procedure and defines one of its basic foundations, the cooperation, and the duties arising from this procedural model. The subsidiary and subsidiary applicability of the Code of Civil Procedure is verified to all administrative processes governed by any other specific laws, including the administrative disciplinary process. Finally, the application of the principle of due process of law and of the principle of procedural cooperation in disciplinary administrative proceedings is discussed, discussing its effects as a way of trying to bring about a recovery of balance in the administrative procedural relationship, so that the administrative decision brings a more democratic bias in the consideration of public interests.