The Adversarial Principle and the5º Paragraph of the Article 307 of the TCE-ES Res. 261/2013

Revista de Direito Administrativo e Gestão Pública

Rafael Ambrósio Gava¹  Janaina Gomes Garcia de Moraes² 

[1] Centro Universitário do Espírito Santo;Universidade Federal do Espírito Santo - UFES;

关键词: Contraditório, Citação, Procedimento sumário, Medida cautelar, Extinção do processo, Resolução de mérito;   

DOI  :  10.26668/IndexLawJournals/2526-0073/2015.v1i1.199

来源: DOAJ

【 摘 要 】

This paper aims to analyze the implications of the adversarial principle in the administrative process that are judged by the TCE-ES under summary rite. More specifically, we examine if it is possible to judge the process merit without the accused's subpoena. Throughout the study, the characteristics of the Courts of Accounts are explained, according to the doctrine and jurisprudence, as well their prerogative of precautionary action, recognized by the theory of implied powers. In addition, the systematic of the summary procedure, by which develop the processes in which there are precautionary action, is studied, from the specific legislation. At last, the summary procedure is analyzed, specifically with respect to the art. 307, §5º, Res. TCE-ES 261/2013, from the perspective of the adversarial principle, understood, based on the doctrine teaching and according to the New Code of Civil Procedure, as the right of knowledge and of influence the debate. We demonstrated, based on literature and through a deductive argumentative reasoning, that the TEC -ES cannot do disregard the adversarial principle, otherwise there would be violation of this fundamental right.

【 授权许可】

Unknown