A atuação do Judiciário no controle dos atos discricionários: uma análise do mérito administrativo em harmonia com os princípios constitucionais correlatos.

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.