LIMITS OF THE DISCRETIONARY POWER OF THE HEADS OF THE EXECUTIVE BRANCH FOR APPOINTING TRUST POSITIONS

Abstract

This article has as its main objective the study on discretion, which consists of giving the public agent the freedom of choice through its purposes. The scientific article seeks to answer the following question: What are the limits of the discretionary power of the Heads of the Executive Branch for appointments of trust functions? To this end, the general objective is to analyze the limits inherent in discretion in the act of appointing functions of trust and judicial control of the act. Moreover, in relation to the specific objectives, we seek to examine the academic production on the subject of discretion and its limits; exemplify cases of appointments that have been suspended by the judiciary; and to point out the difficulties and possible solutions in being able to prove the deviation of conduct in the discretionary acts of appointment. The methodology used consisted of exploratory research through the bibliographic study of authors and scholars of the theme. Thus, we searched for scientific articles, laws and books in the database of the Digital Library of Google Scholar through the descriptors: (1) Discretionary power, discretionary act; (2) limits on discretionary acts; (3) Appointments of trust functions, Suspended appointments. The main contribution of this scientific article was to expand knowledge in the academic and professional field of Administrative Law in the subject of appointment in a position of trust. Ademias, we embrace the social studies of the public sphere of the Brazilian administration and investigate the autonomy to organize its staff with due respect to the principles that guide the Democratic State of Brazilian law.