How Disciplinary Processes in the Public Service (legally) Violate Individual Rights: A Case Study from Brazil

Abstract

The article presents a case study on the law that regulates disciplinary processes in the Brazilian Federal Public Service (Act 8,112/1990). The aim of this investigation is to examine the features of the law that may lead to unfairness in disciplinary processes. Two theoretical concepts guide the investigation: “institutional corruption” and “administrative evil.” Institutional corruption refers to rules, arrangements, and procedures that, despite their legality and ethical intent, exert a systemic and strategic influence that impairs organizational performance and effectiveness. Administrative evil alludes to the phenomenon in which public officials cause harm to innocent people while explaining away their responsibility, usually by projecting negative emotions to an external “object” (i.e., another person). Through a comparison between disciplinary processes and criminal cases, the analysis makes evident that Act. 8,112/1990 deviates from its original purpose of promoting ethical behaviour in the public service because it fails to provide individual protections to defendants. Thus, disciplinary processes in the Brazilian Federal Government can be seen as a case of institutional corruption that opens opportunities for administrative evil. The article presents measures to prevent disciplinary processes from becoming conveyors of institutional corruption and administrative evil and suggest a theme for further research.