A inefetividade do direito administrativo disciplinar dos magistrados: uma afronta ao estado democrático e social de direito brasileiro

Abstract

This juridical thesis aims at supporting that the current Magistrate Administrative Law is inefficient and an affront to the Brazilian democratic and welfare state. Its existence is a constructed reality based on didactic elaborateness regulated by the unceasing search of the Judiciary Power improvement in it internal field and of these commands consignee rights, that is, Magistrates. These public servants, in this piece of work, are classified in a peculiar category in relation to the political agents, to the private outsourced that collaborate to the Public Power and, finally, to the state agents, because the juridical relation they keep to the state is of professional and permanent nature, under a special bond where the hierarchy over the influxes of some natural principals to the judicial activity, such as impartiality and immobility, though. Hence, it is absolute over the administrative aspect, but nonexistent over aspect of the juridical activity. The disciplinary activity is raised when there is a wound to the present juridical order by a Magistrate; it arises, the administrative jus puniendi, to the state, allowing the peccant Magistrate, the application of a disciplinary juridical sanction, after the development of a valid and legitimate disciplinary administrative process. These three topics: administrative punishment rights/duties and disciplinary administrative illicit, disciplinary administrative sanctions and administrative disciplinary process constitute the Magistrate Disciplinary Administrative Law. The way they are ruled nowadays in the nation juridical order, they are revealed to be inefficient, outdated and filled with anomalies that prevent the making of justice, intended ideal of the Brazilian society as a whole