Direito administrativo disciplinar: estudo de caso sobre o controle disciplinar na Empresa Brasileira de Correios e Telégrafos

Abstract

This paper discusses the Administrative Disciplinary Process, investigating how the post office, public company under private law, and the legal status of its staff the Consolidation of Labor Laws and respective complementary legislation establishes its procedures on internal rules for the Disciplinary Control. The administrative disciplinary process is the instrument by which the public administration to exercise disciplinary control, ensuring the constitutional principles involved. In the course this work, we present a case study where the post office exercising their Discipline of Power established the Disciplinary Control Manual on the need for motivation of the administrative acts for the application of disciplinary punishment, and the respective be duly substantiated. To investigate the Disciplinary Control adopted by the post office, we find that to be a public company, with the legal status of their employees CLT, would not first time requirement of prior establishment of administrative disciplinary process. However through jurisprudence of the Precedent 77 of the TST, Jurisprudential Guidance no. 247 Section of Individual Bargaining 1, the TST, the resource Extraordinary No. 589,998 of the TSF, it is concluded that the Post Office should edit internal rules to its full exercise of disciplinary power, assuring the employee who only suffer disciplinary action after due verification process, guaranteed the rights of legal defense and contradictory and other constitutional principles. We affirm that the post office have an Disciplinary Control well defined in its Internal manuals, mainly because it is a public company with the most employees in Brazil, about 120 thousand. Ensuring discipline in relations with its employees, establishing duties and obligations, irregularities calculation procedures and the use of disciplinary sanctions, thus enabling the smooth running of the company.