O regime disciplinar dos servidores públicos civis catarinenses sob a Lei (estadual) nº 6.745/1985: inconstitucionalidades e desatualizações normativas
Abstract
State Law No. 6.745/1985, which governs civil public servants in the State of Santa Catarina, remains in force even after the promulgation of the 1988 Federal Constitution and generates both normative and practical tensions within the state Public Administration. This article examines the disciplinary provisions of the aforementioned law, particularly Articles 135, 136, 137, and 152, considering constitutional principles, current case law, and contemporary standards of Administrative Law. The research identifies provisions incompatible with the existing legal framework, underscores omissions that hinder the administrative accountability of modern forms of misconduct and highlights the urgent need to update Santa Catarina’s disciplinary regime to ensure legal certainty, proportionality, and effectiveness in functional accountability. The research adopts a dogmatic legal method with a qualitative approach, centered on the analysis of federal and state legislation, as well as related regulatory instruments. Case law and precedents from higher courts were also examined, along with specialized doctrine in Administrative Law. The study is therefore essentially theoretical and documentary in nature, aiming to identify constitutional incompatibilities, normative gaps, and legal obsolescence in the disciplinary regime applicable to civil public servants in the State of Santa Catarina.
Fields of Study & Subjects
Brazilian Legal Issues
Administrative Law and Governance
Public Administration and Governance
Publication details
- Journal / source
- Revista do Tribunal de Contas do Estado de Santa Catarina
- Volume
- 04
- Issue
- 06
- Publication date
- 24 February 2026
- Language
- EN