Processo administrativo disciplinar no âmbito do exército brasileiro: análise da legislação militar e os princípios constitucionais

Abstract

The main objective of this article is to analyze the administrative disciplinary process within the Brazilian Army under the analysis of the constitutional principles, important to the legal order in relation to administrative procedure. Initially, a brief presentation of public administration in Brazil, regarding the general aspects, principles of public administration focusing on the principles of due process, contradictory and ample defense. Afterwards the Brazilian Army will be approached in the public administration, thus demonstrating the peculiarities of the military service, then conceptualizing disciplinary transgression and its peculiarities, pursuing a brief analysis in the limits of the disciplinary power in the Brazilian Army. Finally, it is sought to analyze the disciplinary process in the Army Disciplinary Regulation (RDE), with an explanation of the modalities of administrative sanctions for freedom of movement, a brief analysis of the principles of due process, contradictory, impersonality and impartiality in the disciplinary processes of the Army Brazilian law, the possibility of judicial control over administrative illicit acts, as an important tool to ensure the rights of defense. It is a study developed through bibliographical research and the experience lived in the barracks, in order to demonstrate the importance of the subject for the exercise of the right of administrative defense, rights already enshrined in the Constitution and in the own regulations of the Army, but that many of the times due to the lack of approach are not put into practice for the military, the recognition and respect for the constitutional rights of defense would culminate in the reduction of judicial processes that entail public expenses with indemnities for moral damages.