Desvio de poder: Controle jurisdicional do ato administrativo discricionário através dos princípios

Abstract

The Abuse of Power as it is usually known in the world of law is full of nuances that will be analyzed according to the concrete case. However we can study it in order to present various doctrinal and jurisprudential teachings of what is permitted or not, what is immoral or not, what is impersonal or not. We will explain here about the abuse of power of the state both in the face of members of the state administrative machine. We will deal here with the non-judicial punitive sword most used to drive away, even if indirectly, the counterpositions of an idea or way of thinking and acting. It is the immediate comfort tool for those who hold power and can dispose of it to intimidate or even harm another member of the bureau and / or collectivity. It is one of the most absurd deviations in the use of the Public Power, because it completely escapes the purpose for which it was established.