"FISHING EXPEDITION": THE INDISCRIMINATORY SEARCH FOR EVIDENCE AND THE EROSION OF FUNDAMENTAL RIGHTS AND GUARANTEES OF THE ACCUSED IN DISCIPLINARY ADMINISTRATIVE PROCEDURES

Abstract

This article sought to carry out a study on the constitutional limits conferred on the State's sanctioning power with regard to the establishment of administrative disciplinary procedures, as well as to analyze whether the practice of indiscriminate collection of evidence, known as “fishing expedition” can be carried out within the scope of the processes disciplinary administrative. To this end, bibliographical research was carried out on doctrines, jurisprudence and national legislation using a deductive research method.