Controle jurisdicional dos atos discricionários

Abstract

Work in present, we examine the issues most relevant to the jurisdictional control of the acts from the Administration, having as main goal the emphasis on the positioning of the doctrine and the courts in the control of administrative acts, analyzing the criteria of opportunity and convenience, in other words, we can say that we analyze the possibility of judicial review of the merits of discretionary administrative acts. It is true that in our country for a long time, the merits of administrative action by the judiciary was unattainable, we can consider that the government had immunity from actions that needed examination of the technical and administrative position. At first the judicial review was limited to the control of standard pure and simple. Activity was limited to a verification of the legal application, the question was just about the framework of the act that the law predetermined. The control exercised judicial review only the legality of the act. However, developments regarding the jurisdictional control now has a greater relevance in the face of new ideas included in our Constitution and other laws. There is, therefore, that our country has adopted the rule of democratic rule of law, legal positivism has been gradually pushed aside, and instead there is the broader interpretation of the rules. Finally, we emphasize that this change provides greater control over the acts of the public that there will be deviation from the purpose and important consequence is the satisfaction of the public interest.