The disciplinary power and the guarantees of defense of public sector employees | 2017

Author(s) Vasco José da Silva Cavaleiro
Advisor(s) Maria Irene Gomes
Year 2017

Synopsis The normative changes in the field of public disciplinary employment law, preceded by the General Labor Law in Public Functions, approved by Law no. 35/2014, of June 20 and also, without neglecting, by the own revisions undertaken in terms of administrative procedure and process, lead us to a look at the new form of disciplinary power and the guarantees available to the worker in the public sector. This study will present a characterization of the disciplinary power in the actual state of public employment, tracing its nature, foundations, locating it historically, drawing its limits and purposes and its confrontation with some examples in compared systems of Law. We will seek to situate the public labor sanctioning right in the existing normative building, throughout its links, approximations and distances with other branches of law. Doing our way by its constitutional link, and walking towards is relations with the criminal law, administrative procedural law and private labor. We will analyze the principles that shape the public disciplinary labor regime and the guarantees available to the public sector employees. The choice of this subject is mainly due to the confluence of the abovementioned normative changes, which occurred in the recent past, and which require us to analyze the influences that result from the characterization of the disciplinary power, its exercise and the guarantees of the public-sector employees. It is our understood that these changes present new challenges in the way how is exercised the public disciplinary labor power. Therefore, it is the core purpose of our study to unveil the face of the new public employer disciplinary power and the existing guarantees of public sector employees, trying to answer questions such as: (i) Is there a laboralization of public disciplinary power? (ii) Can we speak in true constitutional principles of procedural public sanction? (iii) Is there a decrease in the worker’s guarantee regime? What are the new challenges facing public labor disciplinary law?

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