Análise dos processos administrativos disciplinares e sindicâncias acusatórias da UFT nos anos de 2015 e 2016

Abstract

The purpose of this paper is to analyze the disciplinary processes judged by the Federal University of Tocantins in 2015 and 2016. Consideration was given to those processes in which there was the possibility of applying penalties to those involved. Therefore, it were included in the data collection the Disciplinary Administrative Procedures of the Ordinary Rite, which involves the investigation of more serious faults; those of Summary Rite, which involve the possible occurrence of illegal acts of illegal accumulation of positions, abandonment of office or habitual inassiduity; the Accusatory Syndication, which corrects minor offenses; and also the disciplinary process that has as accused students of UFT. The study of the subject is current and has relevance not only to know the state of the disciplinary processes by the academic community of the UFT, technical-administrative servants, teachers and students, but for the whole society that has the desire to know if the processes are regularly judged. The research was based on information provided by the Coordinating of Disciplinary Processes (CPAD) of the UFT and then, after the receipt of digital copies of the processes, data were collected from the main pieces of the them, such as introduction order, conclusive reports of the commissions , opinions of the Federal Attorney's Office and decisions of the established authority to verify the occurrence or not of due process, as established by Law nº. 8.112 / 1990, as well as whether the defendants had their human rights protected, in particular the right contradictory and ample defense. Thus, the research sought to answer if the processes comply are efficient and fulfill their social function. The study, in its first part, brings the evolution of the punitive process of Public Administration from the redemocratization of Brazil with the Constitution of 1998. The procedures of the disciplinary processes under analysis, the principles applicable thereto, and the role of the Federal Attorney's Office in its outcome. Next, the data collected by the survey are presented based on the analysis of the case files. Subsequently, the results were exposed, demonstrating the lack of efficiency in the resolution of the UFT's disciplinary conflicts, thus failing to fulfill its social function, even with an infringement of fundamental rights. In the end, the research indicates some possible solutions for the improvement of the process of disciplinary processes and the development of the members involved in the commissions, especially with recommendation for the creation of Permanent Chambers of Disciplinary Administrative Procedures.