AGUIAR, A. R. M.; http://lattes.cnpq.br/1606128826438434; AGUIAR, Anderson Ricardo de Macêdo.
Résumé:
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.