What are the differences between PAD and Investigation?
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What are the differences between PAD and Inquiry? The Administrative Disciplinary Proceeding (PAD) and Inquiry have major differences between them. Although both are disciplinary procedures, each has specific characteristics that you need to understand. To begin with, there are two types of Inquiry: Investigative Inquiry (SINVE) and Accusatory Inquiry (SINAC). The Investigative Inquiry (SINVE) does not give the right to adversarial proceedings and full defense to the investigated employee, but it also cannot generate any type of penalty. It is a simpler, confidential and discretionary procedure, serving as a procedure for the Public Administration to better investigate a certain fact. The Accusatory Inquiry (SINAC), also known as Punitive Inquiry, requires respect for due legal process, giving the employee the right to exercise their right to a full defense and adversarial proceedings. This difference occurs precisely because the Accusatory Inquiry (SINAC) can result in a penalty to the investigated employee. The penalties that can be applied in a SINAC are a warning and a suspension of up to 30 days. Finally, the Administrative Disciplinary Proceeding can also be instituted to investigate infractions, but it can result in all types of penalties provided for in the public servant statute: warning, suspension of up to 90 days (or more, depending on the statute), in addition to more severe penalties, such as dismissal and revocation of retirement. In this video we will discuss the main differences between the PAD and the Investigation. Share this video: • What are the differences between PAD and Sindi... Prescription in PAD: https://sergiomerola.adv.br/2023/07/1... How does PAD work: https://www.jusbrasil.com.br/artigos/... PAD: Frequently Asked Questions: • [Frequently Asked Questions] Administrative Proce... Writ of Mandamus to lock PAD: • [PAD DEFENSE] Writ of Mandamus to... Summary 665 STJ: Judiciary does not like to judge PAD: • [PAD Defense] Judiciary does not like to ... Server Rights during PAD: • [PAD DEFENSE] 5 rights that the server... Articles on the differences between PAD and Inquiry: https://www.jusbrasil.com.br/artigos/... #sindicânciaprocessoadministrativodisciplinar #sindicânciaepad #processoadministrativodisciplinaresindicancia #administrativedisciplinaryinvestigation #administrativedisciplinaryprocess #preliminaryinvestigationindication
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