Notes on judicial control of disciplinary administrative proceedings

Abstract

When the Judiciary is called upon to control the exercise of the sanctioning power of the Public Administration, specifically in the context of the disciplinary administrative process (PAD), this phenomenon can be called “jurisdictional control of the PAD”. In this context, there has been ample discussion in the courts until the standardization of the understanding consolidated in Precedent No. 665 of the Superior Court of Justice (STJ), which restricts the Judiciary's action to the analysis of the regularity of the procedure and the legality of the act in PADs, without going into the administrative merits, except in cases of flagrant illegality, teratology or disproportionality of the sanction applied. The article analyzes the judicial control of the PAD in the light of the case law of the higher courts, based on the following problem question: how can the Judiciary control the PAD? To this end, we invested in qualitative research, of an applied nature and with exploratory objectives, systematized through bibliographical and documentary research, guiding a review of case law and the formulation of a critical position on the subject.