Prescrição em processos administrativos disciplinares: um estudo acerca do termo inicial da contagem do prazo prescricional

Abstract

The object of the present study, based on the doctrine, scientific articles and jurisprudential examination, aims to analyze the initial term of the statute of limitations in disciplinary administrative proceedings, with an outline of the Statute of federal civil servants, Law No. 8,112, of December 11 1990. The problem lies in determining the beginning of the counting of the statute of limitations. There are those who argue that such a period begins, as in criminal law, on the date of the consummation of the offense. Another current believes that, as specified in § 1 of art. 142 of Law No. 8,112⁄90, the limitation period begins to flow on the date on which the fact becomes known. Nevertheless, the legislation does not define the criteria for recognizing that the fact has become known to the Administration - if this occurs only when the authority with correctional authority is made aware of what happened or if such hypothesis is made perfect with the science of any employee of the body, for example. The correct determination of the dies a quo of the statute of limitations is fundamental both for the satisfaction of the state jus puniendi and for the legal security of the State-server relationship. This study will seek to analyze the issue and, considering the applicable principles, present the understanding that it considers most appropriate taking into account the interests in dispute.