Acordo de não persecução disciplinar: uma nova estratégia aos processos administrativos

Abstract

This work addresses the topic of the disciplinary non-prosecution agreement, a mechanism still underexplored in academic literature. The research consisted of a documentary analysis of regulations governing disciplinary non-prosecution agreements or similar mechanisms, as well as regulations and bibliography on criminal non-prosecution agreements, civil non-prosecution agreements, and other consensual conflict resolution mechanisms. The objective was to identify characteristics applicable to the disciplinary non-prosecution agreement. Based on this analysis and the regulations of the Municipality of Uberaba, the fundamental characteristics of the disciplinary non-prosecution agreement, adapted to the Municipal Executive Power of Uberaba, were identified. In addition to the essential characteristics, principles applicable to this agreement were identified. In the end, a draft regulation for the disciplinary non-prosecution agreement for the Municipal Executive Power of Uberaba was suggested. The research faced limitations due to the absence of specific bibliographic materials on the subject and the lack of adoption of the disciplinary non-prosecution agreement by other municipalities, which made comparison difficult. As a contribution, the essential characteristics of the institute and its principles were outlined. For future research, it is suggested to deepen the theme of the disciplinary non-prosecution agreement and analyze the efficiency of the institute, if adopted by the Municipality of Uberaba.