The case against the Brazilian administrative law case study of government of the State of Roraima

Abstract

Upon being informed that public workers who had been fired after the regular Discipline Administrative Process, were coming back to work because the processes had been considered irregular, in the case the member of the investigation committee had been, at the same time, member of the Investigation Committee, the author decides to rule a search investigation, as a way to find out the real facts, once law aspects were not very clear. It is viewed that, as a principle, a member of a State Court had decided that “a member of an investigation committee is the same as an expert”. For this reason, other Court Member were deciding the same way, facing that vote as jurisprudence, although it was not a legal fact. Legality principle, by then, would not be observed and serious damage would be faced by State and by the whole society. The author decides to look upon three basic and recent cases, in the State of Roraima – Brazil, as soon as the decision, in a certain way, would result into unsafe conditions of the law. On the other hand, he asserts that what is being judged is a Labour Contract that has its rules defined by the Brazilian Constitutional Text and by Brazilian Federal Public Service Law, not by justice member rules.