REFLECTIONS OF IMPROPER PROMOTIONS WITHIN THE SCOPE OF THE PMPR: THE BEST SYSTEMATIC EXEGESIS OF INSTITUTIONAL LAWS

Abstract

This study addresses the effects of undue/irregular promotions within the scope of the Military Police of Paraná (PMPR), through a bibliographic and legislative research on the subject. The main objective is to analyze the implications of these promotions for the state military involved, and institutional reflex. In this sense, an analysis of the historical evolution of the promotion in compensation of deprecation will be carried out, legally conceptualizing the theme and confronting it with the legislation of the Armed Forces in past periods, since the theme has a deep relationship with any irregularities found. Next, the characterizing elements and distinctions between promotions considered undue/irregular and illegal will be examined, establishing a correlation between these categories and the validity requirements of administrative acts, thus allowing a deeper understanding of the institute. The research is also dedicated to analyzing the administrative reflexes of promotions considered undue or irregular, since they have their own contours and consequences. In this sense, the practical consequences faced by the state military when their promotions are declared undue or irregular, and their functional impacts, are explored. Finally, the administrative reflexes of promotions considered illegal will be addressed, investigating the consequences arising from the finding of illegality in a promotion and discussing the possibility of its undoing (demotion), as well as the administrative procedures applicable in these cases, seeking to contribute to a better understanding of the reflexes, in each case, within the scope of the PMPR.