Atos discricionários decorrentes do poder de polícia: aprofundamento do controle judicial à luz do princípio da juridicidade

Abstract

Discretionary acts arising from police power have the potential to interfere directly in the exercise of the freedoms and rights of individuals, for the benefit of the community. In some situations, it may be seen that the Public Administration acts in disagreement with the constitutional principles, and there is a need to deepen the control of acts by the Judiciary. The dynamics of the phenomenon depends on an understanding of the legal nature of the administrative acts of police power, subject matter of jurisprudential and doctrinal discussions, with understandings in different senses. The understanding of the police power institute is pursued as a limiting individual rights. Following is a study on the control to which the Public Administration is subjected, especially that exercised by the Judiciary Power in what concerns the merit of the discretionary administrative acts. By means of the exemplification of practical cases and a jurisprudential survey, a panorama of the deepening of the judicial control over the discretionary acts deriving from the power of police in the light of the principle of juridicity is constructed. This research is dedicated to providing criteria for the adoption of an ideal control model, according to the aspirations of the constitutional order, without harming the harmony between the Powers of the state.