Sanção administrativa disciplinar contra o servidor público federal: o princípio da motivação qualificado pela LINDB e a vinculação do Estado-administração aos Direitos fundamentais

• Ano de defesa: 2023
• Autor(a) principal: Silva, Thiago de Bessa da
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Rio Grande do Norte; Brasil; UFRN; PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO
• Palavras-chave em Português: Motivação do ato administrativo; Sanção administrativa disciplinar; Direitos fundamentais; Dogmática jurídica; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufrn.br/handle/123456789/53076

This dissertation deals with the theme of motivation of administrative acts. In this context, it will address issues related to the motivation of the administrative disciplinary sanction against the federal public servant as a fundamental right and the binding of the administrative state to this right to legitimize its disciplinary power. The difficulty in relation to the matter consists in the possibility of framing the motivation of the administrative disciplinary sanction against the federal public servant as a fundamental right that legitimizes the disciplinary power of the Stateadministration. The study of the theme is pertinent, since it comes from a legislative movement perpetrated in the sense of expanding the requirements of the justification of the decisions of the administrative, controlling and judicial spheres, aiming at increasing legal security and effectiveness in the application of Public Law, especially that of motivation, which returns to the legal debate as to its duty, requirements and legitimacy of its content. In this scenario, new requirements must be considered in the application of administrative disciplinary sanctions against federal public servants, especially the elements of motivation qualified by the Law of Introduction to the Rules of Brazilian Law. This research aims to make a formative evaluation regarding the motivation of the administrative disciplinary sanction against the federal public servant and its positioning as a fundamental right that legitimates the disciplinary power of the State-administration, going through the structuring of the legal-administrative disciplinary sanctioning regime, identification and description of the administrative disciplinary sanctioning processes, analysis of the decision that imposes the administrative disciplinary sanction against the federal public servant, examination of the principle of motivation, its requirements and the qualifiers introduced by the Law of Introduction to the Rules of Brazilian Law, and application of the three-dimensional theory of fundamental rights as a dogmatic category. As a methodological process, this is a research of applied nature, of practical type, with a qualitative approach to the problem and descriptive objective, with the purpose of presenting a formative evaluation on the theme, using, for this, the technical process of bibliographical research. It is concluded that the motivation of the administrative disciplinary sanction against the federal servant can be considered a fundamental right of the federal servant that legitimizes the disciplinary power of the State-administration, even though it is necessary to raise its positivization to the constitutional level.