Illegitimity of the disciplinary procedural committee against the constitutional warranties of large defense and the contradictory

Abstract

The present research was objective to verify and evaluate through bibliographic research the precepts of the brazilian Disciplinary Administrative Process, which observed which parameters should be followed for the guarantee of the rights of the accused and the due legitimacy of the Processing Commission, through the method of logical-deductive reasoning, based on the doctrinal and normative construction. Searching the resolution of the following question: Does failure to observe the principles of broad defense and contradictory imply the illegitimacy of the acts of the Processing Commission in a disciplinary administrative process? It is concluded that the legitimacy of the Commission depends not only on the observance of the precepts established by law, but also on the interpretation and application of the norm on the basis of constitutional principles, as well as the understanding of the matter by both administrators and those indicted for broad defense and the contradictory are guaranteed.