THE ADMINISTRATIVE MORALITY AS A LIMIT OF THE DISCRETIONARY PERFORMANCE OF THE PUBLIC ADMINISTRATOR

Abstract

This article intends to bring, without conclusive ambitions, some parameters and limits with regard to the discretion of the public administrator. The main instrument analyzed that will enable the achievement of these parameters and limits will be administrative morality. Considering that the administrative activity deduces that the mere legality is not enough for the performance of the best administration, since there are superior principles that guide the entire legal system, this article took care to themeize administrative morality in the performance of the public administrator who should have as the north of his decisions the public interest when his acts are covered with administrative discretion. In this context, for a crystalline understanding, it is necessary to analyze initially on morals and law and later a theoretical doctrinal report on administrative discretion. Next, good administration is woven under the Prism of administrative probity. Finally, a theoretical and casuist exposition using jurisprudence, concerning administrative morality as a limit of the discretionary performance of the public administrator.