O processo disciplinar e o abandono de cargo e função: estudo de caso na prefeitura de São José dos Campos

Abstract

This research presents a theoretical approach to the Administrative Disciplinary Process . The survey referred to the disciplinary proceedings by the city of São José dos Campos , through the Board of Disciplinary Procedures , the competent body established in 1997 . The research focus is on analysis of cases of abandonment of position and function , and this conduct , and disciplinary offense characterized as a crime against the public administration , provided for in the Brazilian Penal Code . Discusses the concepts of server , service and public official, the power and duty of the administration regarding the control of discipline in order to ensure the efficiency of the public service and the importance of public management for disciplinary control . To elaborate , the author appealed to thebibliographic and documentary research internal quantitative statistical tools employed and presented case study . Aims to increase knowledge about the discipline in public agencies . The procedures for preliminary investigation , inquiry, and administrative proceedings are the legal elements and capable of ensuring that the government of the municipality maintains control discipline , ensuring servers and contradictory legal defense . The cases presented as study reflect the reality experienced by servers , and examples of cases in which the disciplinary offense of abandonment of position and function , assigned to servers , in one case was characterized , and in another , uncharacterized , however, author drew upon name, fictitious data and dates , in order to preserve the identity of the servers involved . The results presented refer to the number of prosecutions in the period 8 from February 17, 2012 to September 24 2013; mode of procedure adopted , the percentage applied penalties of warning, suspension and dismissal, the percentage of leavers the position and function , the number of cases that resulted in termination , and how many are in progress . Finally , the author emphasized the need for local government to review the laws governing the administrative disciplinary proceedings , had questions about the actual alcoholism and chemical and discipline to the regularity of the provision of services to the community , and proposed an alternative to keep track discipline without the need to commence administrative proceedings in cases of less restrictive behaviors. The survey showed that 55 % (fifty five percent) of the cases examined , these were the type of calculation PAD - Administrative Disciplinary Procedure , where the offenses attributed to the servers , if proved , would result in the penalty of dismissal , and 45 % (forty five percent) referred to the modality of Inquiry by which conduct subject to penalty of warning or suspension are cleared . It was further observed that the processes involved , the end of the survey, 35 % (thirty five percent) were not completed and 23 % (twenty three percent) resulted in the application fee , and 03 (three) layoffs , 05 ( five) warnings and fifteen (15 ) suspensions and 42 ( forty-two ) resulted in termination . It was observed that the incidence of suspensions occurred due to repeated infringements subject to the penalty of warning. The number of archived files demonstrated the need for City of São José dos Campos adopt a new model for the control of discipline in order to reduce the costs generated by a disciplinary procedure . The percentage of violations in the form of abandonment of position and function corresponded to 8 % ( eight percent ) and were characterized in three (03 ) cases , which resulted in layoffs noted .