The aplication of proporcionality rule in the discritionary control

Authors

  • Maria Fernanda Gomes

DOI:

https://doi.org/10.5433/1980-511X.2010v5n1p139

Keywords:

Discretion, Limits, Proportionality, Robert Alexu, Judicial Control.

Abstract

 

Analyzes the control of administrative discretion, studied from the theory of Robert Alexy, with the intention of solving the conflicts between principles through the application of the maxim of proportionality. Allows the delimitation of measurement criteria of administrative discretion used by the public officer, optimizing the performance of their duties and setting out the requirement for the same purpose, namely to satisfy the public interest. Evokes the need to control court ruled by constitutional limitations so as to establish limits of performance and measures of applicability. Lists and defines the scientific assumptions of the theory outlined by Robert Alexy, weighing his evidence and inclusion criteria of proportionality as a maximum performance in the sphere of discretion. It concludes with the need for enforcement of the dictates of judicial review of administrative acts, which backed the purposes for constitutionally provided for, aims to enhance the activities undertaken by the government, similar to the prerogatives defined by the Democratic State.

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Published

2010-07-15

How to Cite

Gomes, M. F. (2010). The aplication of proporcionality rule in the discritionary control. Revista Do Direito Público, 5(1), 139–156. https://doi.org/10.5433/1980-511X.2010v5n1p139

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Section

Artigos