Fundamental Guarantees in the DAP: Challenges for the Executive in the Atypical Exercise of Jurisdictional Power"

The present study addresses the disciplinary administrative process (PAD) in the context of the evolution of Administrative Law in Brazil, especially after the 1988 Constitution, which seeks to balance state efficiency with the protection of fundamental rights. The PAD, regulated by legislation such as Federal Laws nº 8,112/1990 and 9,784/99, plays a crucial role in the disciplinary control of the Public Administration, guaranteeing the accountability of civil servants and promoting transparency. However, the exercise of the atypical jurisdictional function by the executive branch in the PAD faces significant challenges, such as the application of indeterminate legal concepts, which can compromise the objectivity and legal certainty of decisions. In this scenario, neo-institutionalist theory offers an innovative approach, by emphasizing the autonomy of institutions and the foundation on constitutional principles, guaranteeing citizen participation and objectivity in the process. The theory proposes that the PAD is more than a conflict resolution mechanism, but an institution that ensures fundamental rights and limits state power. Thus, the adoption of this theory contributes to the legitimacy of decisions and strengthens the Democratic Rule of Law, mitigating the challenges of subjectivity and promoting a fairer and more transparent process. The research used theoretical-bibliographic methodology, complemented by documentary research. Legal articles and doctrines published in specialized magazines, both printed and electronic, were reviewed and analyzed.