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This article proposes, according to the hermeneutic and procedural view of administrative law, to discuss decision-making criteria within the Public Administration and to establish interpretative limits under a new reality, that is, overcoming discretion and legality as the only decision-making framework. By means of the inductive method, the work aims to raise a judgment of probability on the application of hermeneutics and the process in the construction, and on the supervision of administrative decisions. To this end, it will be tried to demonstrate that in administrative law, decisions are subject to legal verification, both in the jurisdictional sphere and in the administrative sphere, but such control must be exercised under new parameters, which are: (i) Procedural hermeneutics, which guarantees democratization of the law and construction of administrative decisions through a procedural philosophy; And (ii) the hermeneutic process of interpretation, which allows for decision-making freedom with juridical standards, through an interpretive reflexive circle. Therefore, the administrative decision is subject to control, however, it can and should be supervised, both from its form, through procedural hermeneutics, which contemplates ways of constructing the decision, as well as from its content, through the process Hermeneutic to interpret and decide according to pre-established criteria.

revista de direito brasileira

A DISCRICIONARIEDADE ADMINISTRATIVA E O CONTROLE HERMENÊUTICO DA DECISÃO EM PROCESSOS ADMINISTRATIVOS: por um processo decisório e uma filosofia processual no direito administrativo