A transação administrativa e sua aplicação no Direito Disciplinar Militar

Abstract

This essay focuses on the possibility of establishing non-judicial bargaining as a decriminalizing legal method with regard to a pernicious public servant. The acceptance of non-judicial bargaining suggests the existence of an administrative infringement similar to a misdemeanor (summary offence). Other legal methods could be applied to disciplinary system due to non-judicial bargaining, such as conduct adjustment, administrative detailed report and interruption of the administrative prosecution. The military disciplinary regime, however, seems to be resistant to the principles and legal methods mentioned above. This proposal suggests, for certain, a serene and deep reflection.