O princípio da não culpabilidade no processo administrativo disciplinar no âmbito da Polícia Militar de Minas Gerais

Abstract

The aim of this research is to discuss the possible violation of fundamental rights 0: military civil servants policemen and firefighters of Minas Gerais State. Such violatior possibly take place during the exercise of the correctional function as well as when th< public entity no longer obsewes procedural guarantees, especially the principle 0: presumed innocence. The current legislation that regulates this administrative militar) correctional function was analyzed, and it was possible to notice the necessity tc transpose typical guarantees from the Punitive Criminal Law to the Disciplinar) Administrative Law. In the meantime, it is necessary to understand that institutes from z field of law inspire others, as far as they are a part of a group of regulations tha“ constitutes the same legal order. Real cases were also studied, analyzing their passing ir the administrative area, as well as their consequences for the military civil servan' involved in the case and the treatment given to them in the jurisdictional office. A doctrinal support to the questions raised was also pursued, so that it was possible tc build a clear understanding of the problem faced. Finally, a legislative modification was suggested. The aim of this change is the adjustment of factual reality to constitutiona‘ rules, regarding the guarantees of the rights of military civil servants of Minas Gerais State.