A integração normativa e o processo administrativo disciplinar da Secretaria de Estado de Segurança Pública

Abstract

The public official responsible for preparing the administrative disciplinary proceedings invariably faced with situations not covered by laws governing this type of process is necessary to use other laws to complement or fill gaps or omissions contained in specific legislation. The research is guided by the following problem: There is applicability of integrative power standard in the construction of an Administrative Disciplinary Procedure? The objective is to ascertain the circumstances of the applicability of normative integration in the development of administrative disciplinary proceedings to identify possible failures of preparing and submitting a proposal for better applicability and filling the gaps in legislation. As a methodological option is realized a bibliographical and documentary approach with qualitative analytical and inductive and field research for a sample of 10% of administrative disciplinary proceedings conducted by the Public Security Bureau in the period 2006 to 2010. Demonstrates the existence of procedural flaws that could be avoided with the applicability of normative integration. At the end we suggest the development of manual application of the Disciplinary Code and integration of the legislation in the drafting of administrative disciplinary proceedings by the Department of Public Safety.