A discricionariedade do poder de polícia administrativa e os limites impostos pelo critério da proporcionalidade a partir dos direitos fundamentais

Abstract

The article is intended to study the limits of the discretion of the government in the exercise of police power through out the proportionality front fundamental rights. The overall objective is to establish the application of discretion within the public admistration and boundaries between legality and arbitrariness when analyzed by the criterion of proportionality, seeking to guarantee and protect fundamental rights. To accomplish this, the rst chapter analyzes the discretion of public administration, the basis of their performance and the limits arbitrariness. In the second chapter, the research establishes the construction of the general theory of fundamental rights and the principle of proportionality as a weighting mechanism of collision of interests. Finally, in the third chapter, the research proposes the application of fundamental rights as a paradigm for consideration by the proportionality test the limits of the discretionary actions of the public administration. The theoretical work construction brings the preliminary ndings that link fundamental rights as an important parameter for analysis by the proportionality test the limits of public administration acting in the exercise of police power.