A CONDUÇÃO EFICIENTE DE UM PROCESSO ADMINISTRATIVO DISCIPLINAR COMO APOIO À GESTÃO PÚBLICA

Abstract

The article under the auspices of studies aims to elucidate issues pertinent to the Disciplinary Administrative Process (PAD), and an existing disparity with the Inquiry instrument, in order to conceptualize them as connected and opposing spheres. Therefore, the resolution of the project fails to comply with the search for an analysis of the effectiveness, importance and legal basis of the administrative instruments, considering the current legislation, jurisprudence and corresponding doctrines, in order to avoid formation of processes that present defects and nullities, being -the so-called unnecessary to public management. It was possible to obtain by design that the duty of managers in investigating disciplinary infractions, transcends the mere opening of the appropriate administrative procedure. This is because in addition to being associated with public management, the operator must maintain conduct in compliance with constitutional principles, in opening and judging unnecessary procedures. In a conclusive way, it appears that the Public Administration cannot, as an employer, relieve available absences practiced by its employees, even though its labor expression is of enormous quality. The resulting understanding promotes, finally, the opening of such procedures only when based on elements that make their continuity and useful completion essential, in order to satisfy Management's aspirations and desires. Thus, to encourage the study, the applied precept will be the deductive method and the dialectical hermeneutics, starting from a generalization to a particularized question, with the intention of considering the social practices, in the Administrative-Legal scope, in order to explore the means that use the Administration, to stigmatize its administrators.