<b> A Necessary Limitation to the Actual Concept of Administrative Discretionarity: reasons of the Minimum Discretionarity Theory and application in Environmental Law </b> <br> doi:10.5007/2177-7055.2011v32n63p101

Abstract

This writing reflects the necessity to limit the administrative discretionarity. This article preaches the precepts of the Minimum Discretionarity Theory. Also brings the newest theory of separation of powers, framing the politic judicialization as a necessary proccess to the attainment of fundamental rights. So, this script concludes that, not being adopted the more profitable decision, the Efficiency and Legality Principles will be injured, even as the Fundamental Rights to Good Administration, having the Judiciary authorization to control the emanated administrative act. In conclusion, the article deals with the Theory of the Minimum Discretionarity in environmental law.