A Afastabilidade De Ocupantes De Cargos Públicos Sem Condenação Transitada Em Julgado: Análise Da Possibilidade Em Face Da Moralidade Administrativa E Mitigação Da Presunção De Inocência Ou Violação Constitucional

Abstract

Nowadays, there are innumerable inquiries, denunciations and convictions involving occupiers of public administration. However, in view of the slowness of the legal proceedings and the constitutional right of the presumption of non-culpability of art. 5, item LVII, of the CF / 1988, many of them maintain the occupation in the public administration until they are removed from their functions with the final judgment. In this context, the objective is to analyze the possibility of a prudent dismissal of the public agent without a final judgment by weighing administrative morality, mitigating the presumption of innocence and analyze the jurisprudence of the Federal Supreme Court. Abstract: Nowadays, there are innumerable inquiries, denunciations and convictions involving occupiers of public administration. However, in view of the slowness of the legal proceedings and the constitutional right of the presumption of non-culpability of art. 5, item LVII, of the CF / 1988, many of them maintain the occupation in the public administration until they are removed from their functions with the final judgment. In this context, the objective is to analyze the possibility of a prudent dismissal of the public agent without a final judgment by weighing administrative morality, mitigating the presumption of innocence and analyze the jurisprudence of the Federal Supreme Court.