Autonomy and integration in disciplinary law: reflections on the administrative sanctioning system and legislative omission

Abstract

This article examines autonomy, completeness, and integration within Disciplinary Law, understood as a specific branch of Administrative Sanctioning Law. It highlights the importance of the disciplinary regime in preserving hierarchy, probity, and administrative morality, distinguishing it from other forms of the State’s punitive power. The study identifies the methodological challenge of addressing normative gaps in state and municipal legislation through scientific criteria that ensure material compatibility and respect for the principle of legality. It analyzes the legitimacy of the subsidiary application of statutes such as the Criminal Code, Federal Civil Servants Statute (Law No. 8,112/1990), and the Administrative Improbity Law, as well as the limits of analogia in bonam partem within disciplinary proceedings. Through a comparative approach, the research underscores the need for a systematic codification of Brazilian Disciplinary Law, following the Colombian model, to strengthen legal certainty, doctrinal coherence, and the effective control of public officials’ conduct.