A DIVISÃO CONSTITUCIONAL DE TRABALHO NA DISCRICIONARIEDADE JURÍDICO-ADMINISTRATIVA

The treatment of the matter of discretion is one of the most traditional issues of Administrative Law, but it remains permanently among contemporary legal concerns. In the national doctrine, the very significant changes felt by Administrative Law in recent years appear to be slowly considered in the treatment of administrative discretion. From the perspective of the renewed concerns of the legal methodology with the administrative compliance with the principle of the rule of law, overcoming the traditional dichotomy between discretion of decision and of choice reveals a constitutional division of labour in the matter of administrative discretion away from the traditional “immunities of the State”.