Aspects of legal incompatibility associated to the duty of impartiality and cumulation of functions in the sanctionary administrative processes in the General Attorneys of the States

Abstract

The purpose of this article is to establish an overview of the misuse of power and the duty of impartiality in sancionatory administrative processes, particularly with regard to the legal incompatibility of cumulating the public function of judge in sancionatory administrative processes with class representation. This is a research with a qualitative approach to the contemporary sense of objectivity of the misuse of power with regard to the duty of impartiality of the judge in disciplinary administrative processes, consisting of an exploratory study on a matter, about which there are still not many theoretical reflections. This matter is the conflict of interest that may eventually arise between the functions of representing and judging a represented in a sancionatory administrative process. It discusses the lack of impartiality in an objective sense, its delimitation, doctrinal and jurisprudential analyzes on the subject and seeks to establish some useful practical conclusions on this theoretical problem.