Processo administrativo disciplinar : discricionariedade e intervenção do judiciário.

Abstract

This monograph deals with the theme "discretion and judicial intervention in administrative process". All phases are analyzed disciplinary administrative proceedings governed by Law nº. 8.112 / 1990 at the Federal level, the possible consequences in case of non-compliance of the legal tramite. The aim is to expose all the requirements of administrative acts and their applicability in administrative process in order to ensure its validity and legal existence. It addresses in which the administrative act or discretionary situations will be linked as doctrinal understanding, exemplifying its occurrence in Law nº. 8.112 / 1990. Faced with the inertia of the public administration does not exercise the power of self-protection to annul or revoke administrative acts with abuses, illegalities and deviation of purpose, the importance of external control by the judiciary has proven indispensable in the democratic rule of law. The evolution of the jurisprudence of the Supreme Court and the Supreme Court with a constitution of administrative law going to carry out a wider judicial review of administrative acts, whether related or discretionary, based on a conception of legality in compliance with the other constitutional principles. This monograph was conducted through bibliographical and jurisprudential research using the hypothetical-deductive method.