Administrative disciplinary procedure. Oral arguments and report. Legality

Abstract

This paper aims to analyze the legality of submitting final allegations its Final Report, orally, in the seat of Administrative Disciplinary Procedure. In other words, the authors challenge the verbal procedural final allegations and Final Report. The relevance of the debate is about the due process of law. As a hypothesis, this paper assumes the primordial conception of a procedural nullification, including historical development from the existence, validity and effectiveness plans, and the current concept of absolute and relative nullities. Alongside these great horizons, there are dissonant arguments that will be duly considered. Under a monothematic theoretical and scientific methodology, the authors investigate bibliographic materials to understand the contemporary subject matter and importance to the Public Administration. From the premise that there is a procedural type that reflects the assessment of the legislator values, paying to ensure constitutional guarantees of procedural system, one reached the consciousness of the indispensability of nullification. Thus, the demarcation is towards an absolute invalidity of the disciplinary proceedings from the final allegations.