Controle judicial do ato administrativo discricionário

Abstract

Despite the differentiation of types of administrative acts and a certain classification of these, the purpose of this work was to show specific opinions on the subject, similar or opposite to those of the administrators, signaling that in the reversal of what was believe on the subject of administrative acts, there is no consensus on the doctrine or in Brazilian jurisprudence on the limits of the role of the Judiciary in the face of the role of the public manager. Thus, the study exposes that public policies are implemented through administrative acts, and that these can also be controlled through the judicial process, and which many times lead to an exacerbated protagonism of the Judiciary Power over the decisions of the Administration, under the justification of controlling the authoritarianism or mistakes of the manager public. This article was prepared through a bibliographic review and jurisprudence regarding the issue of public administrative action in search of interests of society, focusing on the judicial control of the discretionary act of the Administration.