CONTROLE JUDICIAL DO ATO ADMINISTRATIVO NA JURISPRUDÊNCIA DO STF

Abstract

We seek to examine the judicial control of the administrative act with a focus on the jurisprudence of the STF. Therefore, we use the bibliographical research through the deductive and comparative method based on the doctrine of Maria Sylvia Zanela Di Pietro. The legal regime of the Public Administration reveals the supremacy of the public interest over the private, which is outlined by principles and powers, as the primary objective of the law. The normative content of the act externalizes the state declaration with legal effects, translating into presumptive attributes and elements. The attributes are the presumption of legitimacy, imperativeness, self-executoriness and typicality. The elements are competent agent, lawful object, prescribed form and not defense in law, public purpose and fundamental reason. The jurisdictional control of the linked or discretionary act reaches those illegal and abusive. This exceptional mechanism contributes to legal certainty, giving the necessary progress and fluidity to the legal system.