The Sources Dialogue Applied To Disciplinary Administrative Procedures

Prohibition Of The Hearing Of Co-Accused As A Witness Or Informant

Abstract

Even today, there is doubt as to the application of institutes from other branches of law to disciplinary administrative law. Thus, in order to elucidate this research problem, the present study aims to verify the application of the rule of prohibition of hearing/investigation of co-accused, as witnesses or informants, in the scope of disciplinary administrative proceedings. In order to do so, issues such as the possibility of applying norms from other branches of law to disciplinary administrative law will be analyzed; the rule of non-admission of the hearing/investigation of the co-accused within the scope of the Brazilian procedural system and its application to disciplinary administrative proceedings; the question of the binding of the Executive Power to the principle of legality; and the question of legality control latu senso to be carried out by the Judiciary, in the face of any hearing/investigation of the co-accused as a witness or informant in a disciplinary administrative process. To obtain the results desired by the research, the methods of approach and procedure to be followed will be, respectively, the empirical-dialectical and the bibliographic, having as a background a theoretical framework based on the theory of dialogue of sources. In conclusion, it is pointed out the legal and jurisprudential impossibility of hearing/investigating a co-accused, as a witness or informer, in a disciplinary administrative process, provided that it is expressly provided, in law or in a regulatory institutional norm, the subsidiary application of the institutes of the Criminal Procedural Law.