Disciplinary Managing Power: A Case Study in the Judiciary Public Management

Abstract

The disciplinary managing process performs a meaningful role in investigating and punishing serious misconducts performed by public servants or other people liable to functional regime from some administration departments. This study has as its main aim to analyse the disciplinary powerin a judiciary public administration office.It presents as specific objective:(1) to collect the main elements of which a disciplinary administrative process is composed in the service place studied, (2), to elaborate an analysis about the convergences in view of the administrative norm, and,(3) to propose innovationin the practices of the disciplinary administrative process. This studyhas as a basistheWeber’s Theory of Bureaucracy and resources to conceptual complements about Administrative Powers by Meirelles and its major fundamentlies on the administrative disciplinary proceedings concept presented by the Brazilian Complementary Law number 68, of December, 1992. So, it searches a case study formulation and its required proceedings. As a result, it was concluded that the disciplinary administrative proceeding is an extensive process composed of 12 steps, divided in three phases: (1) as for convergences concerned to administrative norms, it was concluded by means of a case study,applied to the office investigated,that no divergences were reported; (2) as a suggestion for improving this process, or even, for putting an end to the useless resort to this device, it is proposed the adoption of intensive courses about the Administrative Detailed Reports that form part of the processes, which would be a toolto get less bureaucratic disciplinary administrative processes;(3) this work concludes that previous conciliation before the beginning of disciplinary administrative proceedings is a possibility, aiming at reducingprocedural costs.

 

Keywords: Administrative Powers, Disciplinary Administrative Proceedings, Theory of Bureaucracy.