THE INSTRUMENTALITY OF FORMS AND THE PRINCIPLE OF PAS DE NULLITÉ SANS GRIEF IN THE ADMINISTRATIVE DISCIPLINARY PROCESS WITHIN THE SCOPE OF THE MILITARY POLICE OF PARANÁ

Abstract

This article analyzes the application of the principle of instrumentality of forms and the pas of nullity without mourning in the administrative disciplinary process of the Military Police of Paraná (PMPR). The objective is to demonstrate how these principles can improve disciplinary performance, ensuring efficiency and speed, without compromising the fundamental guarantees of the accused. The investigation adopts a qualitative approach, based on administrative doctrine, the jurisdiction of higher courts and current legislation. The rules that govern the PMPR disciplinary process are examined, as well as practical cases that illustrate the need to balance formalism and effectiveness in decision-making. The results show that the nullity of procedural acts should be recognized only when there is actual harm to the accused, avoiding the repetition of acts that have already reached their influence. The study concludes that the adoption of the instrumentality of forms and the principle of prejudice allows the Public Administration to conduct disciplinary processes more efficiently, respecting the constitutional principles of reasonable process duration and procedural economy.