JUDICIAL CONTROL OVER DISCRETIONARY ADMINISTRATIVE ACTS: A CASE ANALYSIS

Abstract

Through this research, we sought, by means of a conceptual theoretical survey, to deal with jurisdictional control over discretionary administrative acts, based on an analysis of Special Appeal nº 1.806.617/DF. The central objective is to analyse the aforementioned jurisprudential precedent of the Superior Court of Justice in terms of the conditions authorising judicial intervention. Using the bibliographical research methodology, it was possible to carry out a preliminary study on jurisdictional control over discretionary acts and thus investigate the case in depth. In another way, the adoption of the inductive method was crucial to better understand the institute. Once the necessary conditions to carry out the study had been met, the problem was to delimit the analysis of jurisdictional control over the administrative act from the perspective of the Interlocutory Appeal in Special Appeal nº 1.806.617/DF. On the other hand, it was found that administrative merit can suffer external interference through judicial control, but it is restricted to aspects of legality and does not go into the core of affective elements such as the subjectivity of convenience and opportunity. It was realised that the principle of proportionality and reasonableness is of paramount importance in the legal basis of interventional control.