The beginning of the proportionality as limit for the state administrator power do decide

Abstract

The power to decide in public matter is studied here under the optics of the new constitutionalism after positivism, where the discretional duties, granted by the administration law, possess a reduced edge taking in mind the Proportionality. Principle. In this context, the administrator, when carrying through a judgment of convenience and chance of the measure, will have to observe the elements simultaneously (adequacy, necessity and proportionality in strict direction), that they compose the proportionality principle. Soon, the interpretation of the indeterminate mean concepts in the norm is not the administrator competence in face of the individual rights. It´s not only the search for the public interest consecrated in the norm, but balance between the purpose of the norm and the individual rights present in the Constitution of the Republic of 1988.