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Paperback Enforcement of civil liability on the public administration Book

ISBN: 6630599284

ISBN13: 9786630599282

Enforcement of civil liability on the public administration

This study analyzes the civil liability of the public administration arising from irregularities in disciplinary proceedings that result in dismissal or expulsion. A basic qualitative approach was adopted, with descriptive and explanatory objectives, drawing on inductive, legal, and hermeneutic methods, as well as bibliographic and documentary research, with a focus on judgments of the Administrative Court of Nampula Province and on the applicable legislation. The results indicate that, despite the occurrence of procedural defects such as the absence of a statement of fault, the failure to grant the defendant a hearing, and insufficient reasoning in the decision, the Public Administration's liability for damages rarely materializes. This situation stems primarily from the fact that aggrieved employees seek only the annulment of the act and reinstatement, without filing a claim for compensation. It is concluded that there is a need for specific regulations governing administrative civil liability, a revision of Article 129 of the EGFAE, and greater technical expertise among the investigators in disciplinary proceedings.

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