Disciplinary administrative military procedure (and the causes that annul it)

Abstract

The Constitution of the Federal Republic of Brazil, also known as the citizens’ constitution, also raised certain topics related to guarantees and individual rights, including the right to ample protection in both judicial and administrative proceedings. The innovations arising in the Military Administrative Law, resulting from the confirmation of the Democratic Rule of Law, motivated updating of numerous regulations of the Armed Forces, among them the Army Disciplinary Regulations. Thus, this monographic study seeks to analyze which constitutional principles should be respected in the administrative disciplinary military process. Thus, according to the theoretical basis used, it is understood that there are two types of nullification: absolute and relative. Absolute nullifications are those that have insane vices that seriously undermine constitutional principles. Relative nullification, on the other hand, have vitiates that are in good condition contrary to some infraconstitutional norm, which are of primary concern of the accused. Thus, this monographic study seeks to present a correlation between individual rights and guarantees and the administrative disciplinary military process, with the objective of contributing to the filling of an immense doctrinal gap, due to very few works dealing with the Military Public Administration. Finally, concluding on the importance of the administrator to know the main aspects, which can cancel an administrative disciplinary process, in order to maintain the efficiency of the administration within the Brazilian Airforce.