AN ANALYSIS OF DISCIPLINARY AND POLICE POWER WITHIN THE SCOPE OF ADMINISTRATIVE POWER

Abstract

This study examines the institutions of disciplinary power and police power within the scope of Brazilian Administrative Law, in light of the Democratic Rule of Law and the centrality of fundamental rights in the 1988 Federal Constitution. Both constitute essential prerogatives of the Public Administration for the achievement of the public interest, but their exercise must observe strict legal limits and constitutional guarantees. The objective of the research was to analyze the nature, purposes, differences, and points of contact between disciplinary power and police power within the scope of public administration, evaluating the applicable legal limits and constitutional guarantees. The methodology adopted was a qualitative approach, descriptive and analytical in nature, based on bibliographic, documentary, and jurisprudential research, involving the analysis of contemporary doctrinal works, relevant constitutional and legal provisions, as well as precedents from the Supreme Federal Court and the Superior Court of Justice. The results showed that disciplinary power has an internal scope, aimed at maintaining administrative order and discipline, while police power has an external and general character, intended to protect the community by restricting individual rights. However, it was found that both are subject to the principles of legality, proportionality, reasonableness, and due process. It is concluded that the legitimacy of these powers depends on the harmonization between the supremacy of the public interest and the effective protection of fundamental rights.