PROCESSO ADMINISTRATIVO DISCIPLINAR: UMA ANÁLISE SOBRE A NATUREZA VINCULATIVA OU OPINATIVA DO RELATÓRIO DA COMISSÃO PROCESSANTE

Abstract

This study addresses the nature of the report from the processing committee in the Administrative Disciplinary Process (PAD) in the light of legislation and doctrine, investigating whether it is binding or merely advisory regarding the authority responsible for applying disciplinary sanctions. Given the relevance of PAD in public management, understanding the nature of this report is crucial to ensuring justice and transparency in disciplinary procedures. The main objective was to analyze the perspectives of various scholars on the nature of this report, seeking to clarify whether it binds the judging authority or merely functions as an opinion, offering a critical view of these approaches. The analysis was conducted through the compilation and interpretation of various views on the subject, highlighting arguments and opinions present in doctrinal texts related to PAD. The nature of the report in PAD is a multifaceted issue, as evidenced by the different perspectives analyzed. Most scholars consider that the committee's report is binding, following the literal wording of art. 168 of Law No. 8,112/90. However, a minority view sees this document as merely advisory, granting the judging authority the freedom to decide differently from what is proposed in the report.