Reintegração de policiais militares na Polícia Militar do Maranhão: uma análise sobre as decisões judiciais de reintegração no período de 2015 e 2022

Abstract

An action for reinstatement to the position is an administrative or judicial decision to invalidate the dismissal of a permanent servant, which may have occurred through an administrative, disciplinary or criminal process. In this sense, the Military Police of Maranhão is subject to this type of administrative act, and sometimes these decisions have become increasingly common in the institution. When faced with an action for reintegration, the process that excluded the military man ended up being flawed, leaving in check the efficiency of the process that disconnected the subject from the ranks of the corporation. Therefore, this work sought to analyze what would be the grounds used by the Maranhão justice to reinstate the military police officer excluded by disciplinary administrative process between 2015 and 2022. of military justice. This work is about a basic research of inductive method, qualitative approach, of the descriptive type. As for the procedures, it is a documental study and a case study. The research universe was delimited in lawsuits for the reintegration of military police officers in Maranhão in the period from 2015 to 2022. These decisions were raised through the Official Gazette of the Executive Power of Maranhão, Electronic Judicial Processes (PJe) and in the Directorate of Personnel 3 (DP/3). An analysis of the cases and a survey of the main factors that led to the reintegration of the military police were carried out. The rules that delimit the competence of each court that issued a reinstatement decision were also listed. With the data analyzed, it was found that most of the reinstatements result from non-compliance with the due process of law; broad defense and contradictory; inexistence of facts and denial of authorship; and presumption of innocence. It was also possible to observe that most of the courts that issued a reinstatement decision are not competent to judge actions of military disciplinary acts. Thus, it was intended with the study to show to the military administration what can be avoided and what can be improved to avoid causes of reintegration and to have more efficiency in the military police administration