O controle jurisdicional do ato administrativo discricionário em face dos princípios da razoabilidade e proporcionalidade.

Abstract

Control of discretionary administrative activities performed by the judiciary can be accomplished with as a parameter of analysis beyond the law in the strict sense, the principles of reasonableness and proportionality, can this power when control of that, making use of the above mentioned principles, penetrating the administrative discretionand invalidating the administrative act if it conforms to the legal. The work makes the expression from the administrative activity by dividing the three powerswith the administrative powers and prerogative as necessary to carry out the purpose of government, coming to the elements guiding the discretion to bail the public administratorto decide upon the privilege the possibility of numerous behaviors that best achieve the social purpose that has the 'reasonableness and proportionality' the very limit of theirdiscretionary freedom, since it has a function to prevent the outrages committed by the government at the expense of citizens' rights. From this analysis it appears that despite the administrative function is exercised mainly by the executive branch, it may be exercised by other powers through acts of an administrative nature, which are compliant not only laws but also the right embodied in constitutional principles, in this case proportionality and reasonableness. Analyses therefore, that the principles provided not only the control of discretionary administrative acts, but the impediment by the administrator to make decisions that do not reflect the public interest that is the purpose of administrative activity.