Abstract

MENEZES, Glaucia Milagre  and  FREITAS, Sérgio Henriques Zandona. THE CONTEMPORARY ASPECTS OF THE PRINCIPLES OFTHE CONTRADITORY AND THE WIDE DEFENSEIN THE CORRECTIONAL PROCESSES OFTHE STATE OF MINAS GERAIS. Revista Internacional CONSINTER de Direito [online]. 2020, n.11, pp.237-254.  Epub Dec 18, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00011.10.

This paper aims to present contemporary aspects regarding the observance of the contradictory principles and the broad defense in the Disciplinary Administrative Process, in comparison to the procedurally of the Administrative Process for Accountability of Legal Entities, this one coming from the Anticorruption Law, and both from the competence of the Comptroller General of the State of Minas Gerais. They are different processes since they aim to determine possible functional responsibilities and harmful acts practiced by companies, however, in both, they have the sanctioning aspect. Aiming the improvement of the aforementioned principles in the Minas Gerais Administrative Disciplinary Process, it is intended to analyze the importance of studying the hermeneutic contemporaneity of the sanctioning law; procedural differences in Minas Gerais legislation between the Disciplinary Administrative Process and the Administrative Process for Accountability of Legal Entities and the proposals for improving the Minas Gerais Disciplinary Administrative Process. The methodology will be legal-dogmatic, using the hypothetical-deductive method. The theoretical framework is the “constituticionalist Theory of the Process” which stands by the constitutional valuation of the principles of adversarial and broad defense, both in the judicial and administrative spheres, in compliance with the Democratic Rule of Law, which imposes isonomy between the parties in administrative terms, Public Administration and administrators, including public and private servants when demanded in sanctioning processes.

Keywords : Contemporaneity; Disciplinary Administrative Process; Administrative Accountability Process for Legal Entities; Democratic state; Contradictory; Broad defense; Improvement.

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