Efeitos da sentença penal na esfera administrativa disciplinar

Abstract

The objective of the monographic work is to demonstrate that the condemnatory criminal sentence comes to determine the criminal or absolutory conviction of the public server, based in three distinct situations: 1) negative one of authorship or the fact; 2) absence of criminal culpability, 3) absence of tests. For this, it will be demonstrated concepts on the administrative proceeding, its phases and principles, as well as, on the administrative proceeding to discipline, since the investigation until the judgment for the competent authority. In other words, will be demonstrated that the criminal illegality is ampler than of administrative offense and the civil one, these can exist without it has (illicit the criminal one), but (illicit criminal) it cannot exist without it has administrative offense and civilist.