Disciplinary prosecution in trade union : application of disciplinary punishments in light of the principle of Non Bis In Idem

The present article scopes to verify if, among the disciplinary persecution on the extent of the Administrative Advisory of General Commander, the Assistance of Internal Affairs and the Administrative Advisory of Command of Countryside Policing - CPI - from the Military Police of the State of Rio Gr...

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Detalles Bibliográficos
Autores: Silvério, Edson, Câmara de Oliveira, Hilderline
Tipo de recurso: artículo
Estado:Versión publicada
Fecha de publicación:2022
País:Brasil
Institución:Fórum Brasileiro de Segurança Pública (FBSP)
Repositorio:Revista Brasileira de Segurança Pública (Online)
Idioma:portugués
OAI Identifier:oai:ojs.revista.forumseguranca.org.br:article/1423
Acceso en línea:https://revista.forumseguranca.org.br/rbsp/article/view/1423
Access Level:acceso abierto
Palabra clave:Non bis in idem
Millitary inquiry
Disciplinary punishments
Sindicância militar
Punições disciplinares
Descripción
Sumario:The present article scopes to verify if, among the disciplinary persecution on the extent of the Administrative Advisory of General Commander, the Assistance of Internal Affairs and the Administrative Advisory of Command of Countryside Policing - CPI - from the Military Police of the State of Rio Grande do Norte (PMRN), isn't there a full alignment with the determinations contained in the principle of non bis in idem as for the establishment, instruction and application of disciplinary punishments, once it was observed that there was such duplicity on the instauration of the inquiry. The research is of an exploratory nature, as well as bibliographical and documental nature with a quantitative approach with the use of the inductive method. The data showed that it is indispensable that the military institution of the states become aligned with the new national normative context, since the Military Police of the RN state is, by one hand, the one that ensure the application of the laws from the government agency and, by the other hand, the institution responsible by the internal application, in which the investigation of the disciplinary faults through the military inquiry and the application of punishments are always in agreement with what is determined by the CF of 1988 and by other infra-constitutional laws.