A Sindicância Administrativa à luz dos Princípios Constitucionais do Contraditório e da Ampla Defesa

Abstract

This scientific article aims to analyze the administrative inquiry, its conceptual aspects, classification, the
differentiation between the expressions procedure and administrative process and directive principles. As the main topic for this work, the author is still trying to identify the importance to obey the constitutional adversary system and the due process of law, constructing a critical analysis about restrictions on those important rights. In that pitch the phases of administrative inquiry will be analyzed as well the appropriate moment for legal proceedings and the way it have to be done. The author goes on researching the legal texts and the cases held by courts looking for juridical insights and the practical consequences when enforcing administrative penalties to administrative staff when the referred constitutional rules are not met, considering the possibility of legal action against administrative inquiry when these constitutional rules are
not met too.