O sobrestamento do processo administrativo disciplinar no âmbito da polícia militar do estado do Ceará

Abstract

The suspension of the discipline administrative process constitutes measurement of caution, therefore, as the Minister Nélson Hungria standed out, in vote pronounced next to the STF, “if the fact constitutes, at the same time, illicit criminal and administrative offense, if the employee, punished in the administrative sphere, and later, for absence of tests of the imputation, acquitted in the Criminal Judgment, cannot persist the administrative penalty, not to be that it is an administrative offense residue of, capable to legitimize it”. Such agreement is materialized of form crystallized through the Abridgement nº 18 of the Supreme Brazilian Court. The proinactive commission opting to the suspension of the discipline administrative process, having as base the existence in the criminal sphere of process on the same unlawful fact, must be based on the extreme necessity of application of the institute in study, otherwise it will contribute mainly in a negative form for procedural dynamics, as the process will remain inert, for delay of our justice, finishing in benefiting, indirectly, the sue servers, since they will remain in their institutions until penal illicit has transited in judged.