CONTROLE JUDICIAL DO MÉRITO ADMINISTRATIVO

Abstract

This paper stuck in analyzing the control of administrative acts. To this end, he studied the theory of tripartite division of state functions, in which they talked about the history of the theory, which had its idea from ancient Greece, and was developed with the thoughts of philosophers Locke and Montesquieu. With its implementation, the state functions were divided into administrative, legislative and judicial, all being adopted by the current constitutional order, as harmonic and independent. To better understand about the control that is exercised in administrative acts were examined in its legal nature and elements, which can be conceptualized as all unilateral expression of will of the public administration, acting in that capacity, has the immediate end to protect, acquire , modify, extinguish and declare rights or impose obligations on administered or herself. Thus, considering the importance of administrative acts, we see the purpose of having control over them. This control comes from all state functions ball, but not absolutely, that is, there is always limitations on what one can interfere. And this is the case of judicial review in the administrative merit, which is only allowed to cancel illegalities, but never to intervene in convenience and administrator of opportunity.