O limite da discricionariedade dos atos administrativos: uma análise da teoria alemã da redução da discricionariedade a zero.

Abstract

In terms of Administrative Law, the theme Discretion limit of Administrative Acts entails an interesting discussion, especially by the notable range of this content to the Constitutional Law, through constitutional principles and law as a whole, affecting, even the population in general. This paper aims to study the delimitations and limits of the discretionary acts, through the constitutional principles associated to the administrative law system, besides to analyze the possibility of the application of reducing discretionary to nothing inside the legal system of Brazilian Administrative Law. The thematic relevance lies on the importance of limiting the discretionary, looking for a better utilization of public safes, besides to avoid possible cases of power abuse. For this analysis, we used the methods: hypothetic-deductive (to the approach); the monographic method, supported by the historic (procedure). As regards to research techniques, the work is based on indirect documentation, especially bibliographic research Once finished the analysis, it is concluded that it is indeed possible to delimit the discretion of the limits of administrative acts, including the possibility of applying the theory of reduction of discretionary to nothing under Brazilian law.