THE LIMITS OF CONTROL ON THE JUDICIAL ADMINISTRATIVE DISCRETION: A STUDY UNDER THE CONSTITUTIONAL PRINCIPLES

This article analyses the limits of the jurisdictional control of the discretionary power under the constitutional principles. Through varied bibliographical investigation, the concept of administrative discretionary, its evolution and objective are identified. The most important concepts on the principles are equally evidenced. Finally, the limits of the jurisdictional control on the administrative discretionary acts are analyzed, taking as support the constitutional principles. It concludes for the full control of the administrative discretionary considering this position as the most adapted one to fight the abuses of the administrative discretionary since to the Judiciary was given the biggest objective which is to protect the axiological principles contained in the Constitution.