1.38 Do âmbito de aplicação do no 65 do parágrafo único do artigo 13 da LDPMESP
Autor | Eliezer Pereira Martins |
Ocupação do Autor | Sócio-administrador da Pereira Martins Advogados Associados. Especialista em direito com pesquisa em direito público |
Páginas | 91-92 |
Page 91
O nº 65 do parágrafo único do artigo 13 da LDPMESP, tipifica como transgressão disciplinar média a conduta de causar ou contribuir para a ocorrência de acidente de serviço ou instrução.
Olvidou o legislador de especificar que tal conduta somente constituirá transgressão se o agente atuar com dolo ou culpa em sentido estrito.
Recorde-se ser inadmissível a aplicação da responsabilidade disciplinar objetiva em nosso sistema44, ou seja, a sujeição de um agente a uma sanção disciplinar sem que tenha atuado, ou ficado demonstrado a sua culpa.
A observação é necessária, visto que, com muita freqüência policiais militares que se envolvem em acidentes em serviço, sobretudo de trânsito, restam punidos sem que se comprove a culpa em sentido estrito (negligência, imprudência ou imperícia), ou o dolo.
O Decreto nº 13.657, de 9 de novembro de 1943 (Regulamento Disciplinar da Polícia Militar do Estado), norma ab-rogada pela LDPMESP, não contemplava dispositivo similar ou idêntico ao nº 65 do parágrafo único do artigo 13 da LDPMESP.
O Código de Ética e Disciplina dos Militares do Estado de...
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