Author(s) Isabel Azevedo Ferreira
Advisor(s) Ana Fernanda Neves and Isabel Celeste M. Fonseca
Year 2014
Synopsis This thesis approaches public servants demission in a two way approach: the process conduction and the worker’s defense. We analyzed the public servant disciplinary responsibility with the particular aspects it posses. We analyzed the particular aspects of the Disciplinary Law related to the public servants, taking in account the way that in which Administrative Law, or Criminal Procedure Law can be applied to the disciplinary process in the situations where the worker’s defense is infringed is also taken in account. Being the disciplinary demission a situation where the working relation is ceased, we also analyze the other forms of exaction of the working relation in order to try to understand in which way can a working relation end, specially because public servants are disciplinary responsible from the moment of the start of the working relation to the moment where it ends. In this thesis we also had to make a small comparison between public working law and private working law, in order to understand the main differences between the disciplinary process whether is a case of a private setor worker or a public servant. In a time where we are before a sort of unification between the two regimes, understanding the differences and the similarities of both, becomes of great importance in order to comprehend which guaranties are available to the public servants in order to avoid an unlawful demission.
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Author(s) Isabel Azevedo Ferreira
Advisor(s) Ana Fernanda Neves and Isabel Celeste M. Fonseca
Year 2014
Synopsis This thesis approaches public servants demission in a two way approach: the process conduction and the worker’s defense. We analyzed the public servant disciplinary responsibility with the particular aspects it posses. We analyzed the particular aspects of the Disciplinary Law related to the public servants, taking in account the way that in which Administrative Law, or Criminal Procedure Law can be applied to the disciplinary process in the situations where the worker’s defense is infringed is also taken in account. Being the disciplinary demission a situation where the working relation is ceased, we also analyze the other forms of exaction of the working relation in order to try to understand in which way can a working relation end, specially because public servants are disciplinary responsible from the moment of the start of the working relation to the moment where it ends. In this thesis we also had to make a small comparison between public working law and private working law, in order to understand the main differences between the disciplinary process whether is a case of a private setor worker or a public servant. In a time where we are before a sort of unification between the two regimes, understanding the differences and the similarities of both, becomes of great importance in order to comprehend which guaranties are available to the public servants in order to avoid an unlawful demission.
See more here.