BIS IN IDEM

THE CONTINUED ADMINISTRATIVE INFRACTION IN THE FRAMEWORK OF THE BRAZILIAN LABOR INSPECTION

Abstract

By publishing the Information Note CGR/SIT/nº13/2015/SIT/MTE and the Administrative Precedent nº 120, the Brazilian Labor Inspection established the understanding that the theory of continued infractions must be applied in the administrative labor inspection, preventing the elaboration of more than one infraction notice reasoned in the same legal precept, against the same employer and after a single check. The aforementioned technical notes had made it clear that elaborate more than one infraction notice, under these conditions, would represent an affront to the principle of ne bis in idem, justifying the maintenance of only one of the infraction notices based on the same legal precept drawn up against the same passive subject. It is questioned, however, if the understanding adopted by the Brazilian Labor Inspecton, in particular with regard to the interruption of infrigment continuity and Administrative Precedent n. 120, has a valid legal basis. This article aims to solve this question, through the study of the current legislation, the bibliographical review about the subject and through the analog application of continued crimes concurse, inherent in Criminal Law, to labor infractions.