Controle jurisdicional do ato administrativo discricionário

Abstract

In order to ensure the realization of the public interest, the law grants the Public Administration certain prerogatives to act in pursuit of that purpose. In some cases, given the dynamics of the activity to be developed, it is necessary that the legal provisions provide a margin of freedom to the administrator, at which, reservedly, will select a conduct of several possible and permitted in law. That freedom does not allow, however, arbitrary manifestations, and rigor to the limits laid down in law. Thus imperative that the state conduct is in constant process control in order to verify the proper harmony of the manifestation of administrative will to legal commandments. It germinates the importance of taking control out by the judiciary, especially by ensuring their decisions necessary impartiality. However, rise the following questions: whether the law has reserved only to the Public Administration selection of opportunity and convenience criteria under the discretionary administrative act, it is feasible to the courts control the conduct taken without that fulmine the principle of separation of powers? Random surveillance possible, which parameters should be considered so that there is illegal intrusion of a power over another? Therefore, the purpose of the present study aims to penetrate the extent of judicial review with regard to discretionary administrative acts in order to not to assert the freedom of the field that the law reserved to the Public Administration. To achieve the goal, this work is used the deductive method of approach, as well as the comparative method of procedure, through documentary research. In another bias, regarding the search technique, using the medium of the indirect documentation by means of literature. As a result, conceived by the possibility of review by the judicial branch of discretionary administrative acts, in compliance with certain precautions.