Cases of nullities in the disciplinary administrative process: an analysis of the application of Federal Law 9.748/99

Abstract

In the context of the Democratic Rule of Law, the prerogatives of public administration are analyzed from the perspective of subjection to a previously given legality framework. In this broad panorama, the issue of nullities in the administrative process is inserted, considering that the administrative acts carried out are subject to judicial control, preventing the State from making mistakes through the use of its prerogatives. In this sense, it is possible to recognize the power of the administration to invalidate its own acts, subjecting itself to its own control. In this line, the research is interested in identifying cases of recognition of nullity in administrative proceedings in the face of judgments handed down in the context of federal public servants and military personnel in the last 10 years in decisions given in the scope of the Superior Court of Justice (STJ). Once the cases have been identified, the article moves towards identifying the main causes that led to the invalidation judgment (nullities), seeking to respond to the causes and reasons that lead the judiciary to pronounce nullities. This article aims to address, through jurisprudential research, the following problem: what were the reasons that led the STJ to declare nullities in administrative disciplinary proceedings involving federal public servants and military personnel in the last 10 years? As a methodology, the research is qualitative-quantitative, considering that it selects those judged on the subject to analyze the reasons that led to cases of nullities in administrative disciplinary proceedings in the jurisprudence judged by the STJ. Therefore, methodology combines the exploratory depth of qualitative research with the objectivity and generalizability of quantitative research, thus providing a more complete and nuanced understanding of the phenomena studied. As a result, the work brings elements with a view to internal corrections of administrative disciplinary processes, highlighting the most frequent reason that causes nullity.