CIVIL INVESTIGATION PROCEDURE, CONTRADICTORY AND ADMINISTRATIVE MISCONDUCT: A CRITICAL DIAGNOSIS OF THE BRAZILIAN SUPREME COURTS PRECEDENTS

Abstract

This paper proposes to analyze the precedents of the Brazilians Supremes Courts – STF and STJ – on the subject of Brazilian Civil Investigation Procedure. From this perspective, it intend to demonstrate the need of existence of a progressive procedimental opening for an effective participation of the investigated throughout the whole course of the investigation (right to be head), taking as parameter the need for a “constitutionalization” of administrative procedures in the Brazilian legal system.

Keywords

• brazilian civil investigation procedure
• administrative misconduct
• precedents
• “constitutionalization” of administrative procedures