Deference to public choices

Abstract

This work aims to identify the limits of the judicial decision on the planned choices of the public administration and to describe the possible consequences of the law 13.655/2018. Starting from the decision of the North American Supreme Court on the Chevron case, specifically with regard to the bases of the judicial deference to the administrative rules, the research focuses its focus on the action of the judiciary on public choices which are justified by the technical circumstances and specificity, affecting the administrative act, according to legislative delimitation and prior planning. Aiming to achieve the objective described above, the dialectical-descriptive methodology is used, which encompasses the survey of the bibliography focused on the theme, as well as the comparison of theoretical concepts that enable the construction of critical descriptions, the understanding of the practical effects of decision-making processes in the administrative environment and detecting the reasons that lead to judicial interventions on the judgment of the Administration.