FONTES, C. V. C.; http://lattes.cnpq.br/0906613580068664; FONTES, Carlos Vinicius Campos.
Abstract:
This work aims to analyze the possibility of the judiciary role in the control of
discretionary administrative acts, from a study of the administrative merit in
accordance with the constitutional principles, explicit and implicit, related to the
theme. Therefore, this research has the methodology the bibliographical study, with
research doctrinal, jurisprudential and Brazilian legislation. Thus, at first will be
worked introductory and conceptual aspects of the administrative acts, as well as
their characteristics and core elements to get a more thorough approach to
discretionary acts common to public administration, with a discussion to be focused
on the merits administrative agent assigned to the public before its discretionary
performance as state representative, now after emphasize the need to respect the
laws in order to prevent arbitrary actions and offensive to morality. Later, it
proceeded with the study of related constitutional principles, giving emphasis to the
Separation of Powers, the unremovable feature of the Jurisdiction, the
Reasonableness and proportionality, as the basis for a possible role of the judiciary
in the control of administrative acts. Finally, they will be exhibit aspects of
characterization of the Brazilian Public Administration, demonstrating how it is
constituted and currently works as well as the performance of the public servant as
one who defends the collective interest during their operating performance of state
representative and the possibility of judiciary's role in credit analysis of discretionary
acts performed by these agents. Lastly, it is worth mentioning that, from the
teachings of several renowned administrativistas and jurisprudential and legislative
analysis, it was observed that it is possible judicial action before discretionary acts of
the Government without, therefore, whether the principle of separation of tainted
powers or Brazilian regulatory dictates.
