The burden of proof of prosecution in sanctioning administrative processes: the prevalence of the principle of presumption of innocence against the presumption of legitimacy and veracity of administrative acts

O ônus da prova da acusação nos processos administrativos sancionadores: a prevalência do princípio da presunção de inocência frente à presunção de legitimidade e veracidade dos atos administrativos

Abstract

This article investigates the tension of the presumption of legitimacy and veracity of the administrative acts against the principle of presumption of innocence, especially in the punitive administrative procedures. It seeks to investigate whether the presumption of legitimacy and veracity of the administrative acts has the capacity to reverse the burden of proof in administrative sanctioning processes, transferring to the accused the burden of proving their innocence. The hypothesis investigated, and confirmed at the end, indicates that the presumption of legitimacy and veracity of the act of imputation of administrative illicit, as a regular attribute of administrative acts, does not preponderates on the presumption of innocence of the accused, fundamental right from which it is deduced the exemption of production of proof of its innocence.  The article uses the deductive method, based on bibliographic research.