Termo de ajuste de conduta na esfera administrativa disciplinar como instrumento para garantir a efetividade da lei 8112/90

Abstract

The present work has as objective to analyze the legal institute Conduct Adjustment Agreement as an alternative means of solutions of conflicts in the federal public administration. The Conduct Adjustment Agreement is an out-of-court instrument in which the interested public agent undertakes to adjust the conduct in compliance with duties and prohibitions. Once the Agreement is proposed, it is believed that the agent will comply with the established rules and it can be revoked if it is not fulfilled. In this sense, addressing the historical process of administrative law, the Administrative Disciplinary Process and its stages and the constitutional principles inherent to the Administrative Disciplinary Process, it will be carried out a research in the data of the Ministry of Education, published in the CGU portal. Such research has the purpose of evidencing the possible reduction of instated and indicted disciplinary proceedings after the normative instruction that authorized the implementation of the Conduct Adjustment Agreement and the possible improvements for public administration with respect to the principles of efficiency, economicity and the public interest.