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:: Disciplinary Investigations ::

Responsible sector: DAPAD> Office> Rectory

E-mail: 

Phone: 11-3775-4507


  • Disciplinary Administrative Procedure (PAD)

     General information

    The PAD is the instrument designed to ascertain the liability of the employee for an infraction practiced in the exercise of his duties, or which is related to the duties of the position in which he is invested.

    Complaints about irregularities, reported by citizens or on condition of anonymity, must be sent through the IFSP Ombudsman, whose link é http://www2.ifsp.edu.br/ouvidoria/. Functional representations, on the other hand, originate from a public servant, must be sent to the email of the Deputy Administrative Disciplinary Directorate - DAPAD, whose address is the .

     

    Procedures

    The authority that becomes aware of irregularity in the public service is obliged to promote its immediate investigation, by means of a disciplinary process, guaranteed to the accused the adversary and the broad defense (Art. 143 of Law No. 8.112 / 1990).

     The procedures for opening disciplinary administrative proceedings are:

    • Denunciation of the irregularity to the competent authority plus minimum information elements (author, fact, place and date) able to justify the investigation by the Public Administration;
    • Judgment of Admissibility; and
    • Designation act (ordinance) of Commission for Disciplinary Administrative Process. 

     

    The Disciplinary Administrative Process also has the following phases:

    • Installation;
    • Instruction, defense and final report - Administrative Inquiry; and 
    • Judgment

     

    In the event that the narrated fact does not constitute an evident disciplinary or criminal offense, the complaint will be dismissed, due to lack of object (Art. 144 of Law No. 8.112 / 1990).

    The PAD Commission will be composed of 3 (three) stable servants designated by the competent authority, who will indicate, among them, its President, who must occupy a higher position or of the same level, class and standard, or have a level of education. equal to or higher than the indicted (Art. 149 of Law No. 8.112 / 1990).

    DAPAD is responsible for advising the disciplinary commissions with respect to the procedural rite, and the Commission must ensure the confidentiality necessary to verify the facts and conduct the work. 

    It is up to the President of the PAD Commission to appoint the Secretary, at the beginning of the work (Art. 149, § 1 of Law No. 8.112 / 1990). 

    You may not participate in the Disciplinary Process Commission: spouse, partner or relative of the accused, consanguineous or the like, in a straight or collateral line, up to the third degree (parents, grandparents, children, grandchildren, uncles, nephews, in-laws and in-laws) for the guarantee of independence and impartiality in conducting the work (Art. 149, § 2 of Law No. 8.112 / 1990).

    The meetings of the Commission will be reserved and will be recorded in Minutes, which should detail all the resolutions adopted (Art. 152, § 1 of Law No. 8.112 / 1990). 

    The commission will carry out its activities with independence and impartiality, ensuring the secrecy necessary to elucidate the fact or required by the interest of the administration (Art. 150 of Law No. 8.112 / 1990).

    The deadline for the conclusion of the PAD is 60 (sixty) days, counted from the date of publication of the act that constituted the Commission, admitting its extension, for an equal period, when circumstances require (Art. 152 of Law No. 8.112 / nineteen ninety).

    The term for the conclusion of the PAD submitted to the summary rite will not exceed 30 (thirty) days counted from the date of publication of the act that constitutes the Commission, admitting its extension for 15 (fifteen) days, when circumstances demand it. This rite will be applied in cases of abandonment of office, habitual non-attendance and verification of accumulation of positions (Art. 133 § 7 of Law No. 8.112 / 1990). 

    Once indicted, the server will be summoned by a warrant issued by the President of the Commission to present a written defense, within ten days. This period may be extended for an equal period, in order to comply with indispensable steps (Art. 161 of Law No. 8.112 / 1990).

    Defendant who is regularly cited and does not present a defense within the statutory period shall be deemed to reveal the indictment. In this case, the instituting authority will designate a civil servant occupying a position at or above the level of the accused to act as his “dative defender” (Art. 164 of Law No. 8.112 / 1990).

    During the realization of the PAD, the Commission will take depositions, make confrontations, investigations and diligences, aiming to collect evidence. When necessary for the complete elucidation of the facts, the Commission may resort to technicians and experts (Art. 155 of Law No. 8.112 / 1990).

    When there is doubt about the accused's mental health, the Commission will propose to the competent authority its submission to examination by the official Medical Board, in which at least one psychiatrist participates (Art. 160 of Law No. 8.112 / 1990).

    Initially, the Commission will summon the witnesses who will be required to testify and, once the investigation is completed, it will promote the interrogation of the accused. In the case of more than one accused, each of them will be heard separately (Arts. 157 to 159 of Law No. 8.112 / 1990).

    The PAD will ensure ample defense to the accused, allowing the use of the means and resources admitted by law, in obedience to the principle of the adversary (Art. 153 of Law nº 8.112 / 1990).

    The accused is guaranteed the right to accompany the process, personally or through a lawyer, to enlist and re-examine witnesses, produce evidence and counter-proofs and formulate questions, when dealing with expert evidence (Art. 156 of Law 8.112 / 1990). 

    The prosecutor of the accused will be able to attend the interrogation and the questioning of witnesses, being prohibited the right to interfere in the questions and answers, being able, however, to re-acquire them, at the end of the act, through the President of the PAD Commission (Art. 159, § 2 of Law No. 8.112 / 1990).

    The Final Report of the Commission will always be conclusive as to the innocence or the responsibility of the servant, practiced being sent to the competent authority for judgment (Art. 133, § 3 of Law No. 8.112 / 1990).

    Offenses punishable by resignation, withdrawal of retirement or availability and dismissal of a management position will be prescribed in 5 (five) years, and offenses punishable by suspension in two years (Art. 142 of Law No. 8.112 / 1990).

    The suspension penalty will have its registration canceled, with no retroactive effects after five years of effective exercise if the employee has not, during that period, committed a new disciplinary infraction (Art. 131 of Law No. 8.112 / 1990).

    The servant who responds to PAD can only be exonerated upon request or voluntarily retired after the conclusion of the process and the fulfillment of the penalty, chance applied (Art. 172 of Law 8.112 / 1990).

    Finally, the establishment of the Disciplinary Administrative Process interrupts the prescription, until the final decision handed down by the competent authority (Rector).

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