Direito de defesa no expediente administrativo preliminar disciplinar do Conselho Nacional de Justiça

Abstract

The present study seeks to provide an overview of the preliminary administrative expedient foreseen by the National Council of Justice, in Resolution 135, of July 13, 2011, specifically in its Article 8. Initially, a brief study was carried out on the origin of the National Council of Justice, an organ of external administrative control of the Judiciary, in order to demonstrate its disciplinary role before all the judicial organs of the federation. The resolution under study was issued to standardize the rules on the administrative disciplinary procedure applicable to magistrates, regarding the rite of the applicable sanctions. The preliminary administrative expedient is a tool used by the Public Administration that precedes possible instituting an administrative investigation or disciplinary process. The current legislation give margin to a certain discretion about the rite of the preliminary disciplinary administrative file, which is why a study of the thresholds that must be observed by the Public Administration. The purpose of this monograph is to make inferences and references about the need to observe the principles of the due process of law, contradiction and ample defense in the disciplinary administrative sphere