Os limites da discricionaridade da administração pública: Princípios e controle jurisdicional

Abstract

This paper addresses the limits of discretion in Public Administration in light of constitutional principles and the judicial control exercised by the Judiciary. The study aimed to analyze how the principles of legality, morality, and reasonableness condition the exercise of discretionary power, rejecting the notion of a completely unrestricted administrative action. A qualitative approach and the deductive method were employed, based on a bibliographic review of specialized doctrine and jurisprudential analysis. It was found that administrative discretion is not an unrestricted authorization but rather a decision-making space limited by legal parameters which, if violated, allow for judicial review. The study concluded that the Judiciary may intervene in discretionary acts whenever illegality, deviation of purpose, or abuse of power is identified, thereby ensuring respect for fundamental rights and the public interest. The research highlights the importance of administrative conduct guided by objective criteria and aligned with constitutional values.