A aplicação do princípio do juiz natural no processo administrativo disciplinar, no âmbito do corpo de bombeiros e da polícia militar do Ceará

Abstract

To be valid, the disciplinary administrative procedure has to in accordance with principles and fundamental guarantees embodied in the Federal Constitution. Nevertheless, in the State of Ceará, precisely in State Law # 13.407 (Disciplinary Code for the Military Police and Military Fireguard of Ceará), is the lack of consistency between the disciplinary administrative procedure and that of the Natural Judge or the Legal Judge, when considering the appointment and formation of Disciplinary Councils and Justification Councils, where procedures able to expel, lay off or retire military policemen and fireguards takes place, it is made post facto, that is not allowed by our Constitution in its article 5th, item XXXVII, that expressly establishes that "there shall be no exceptional tribunal or court". This constitutional principle establishes that the Councils should be established by means of specific law prior to the wrongful act. The Disciplinary Councils and Justification Councils are, in fact, real de exceptional tribunals, due to its constitution/creation to judge specific facts which took place before its creation. The juridical security of the administrative acts depends on following correctly these constitutional guidelines, under the penalty of being fragile targets to judicial claims of impugnation.