Necessidade de colegialidade da decisão adminstrativa em sede recursal como meio de garantir o princípio constitucional do devido processo legal no âmbito do processo administrativo do trabalho

Abstract

The article will address the incidence of the constitutional principle of due legal process within the administrative labor process, specifically analyzing the judgment of appeals for labor infraction notices by civil servants of equal career and competence to the agent who drafted the term of the infraction. Thereby, inquiring to what extent the judgment of the administrative appeal of an infraction notice by a public servant of the same career to the agent who drafted the term respects the principle of due process. To this end, we discuss the principle of due legal process, the application of due legal process in administrative processes and its importance for the maintenance of fundamental rights and protection against possible abuses by the State.