Discretionary: judgment of a tie

Abstract

This study is aimed at one of the most problematic issues not only of Administrative Law, but of Law as a whole, which is the conceptualization and operability of the discretionary judgment. It seeks to explain how discretion, in spite of the centrality of its importance, is a misunderstood notion and that presents different and divergent conceptions. The examination of the objectin question reveals theoretical confusions and contradictions, which therefore requires an effort for the sake of clarification and terminological accuracy and definition. This article takes as investigative field, above all, the Brazilian administrative doctrine.