The problematic involving issues of administrative merit and the Judiciary: an analysis of the Special Appeal 1,438-704/SE
The problematic involving issues of administrative merit and the Judiciary: an analysis of the Special Appeal 1,438-704/SE
DOI:
https://doi.org/10.48143/rdai/08.afmAbstract
This jurisprudential commentary will analyze the controversy surrounding issues of administrative merit and the Judiciary. In this case, we will address the decision of the Superior Court of Justice in Special Appeal 1,438,704/SE (2014/0042310-5). The problem presented here rests on the (im)possibility of the Judiciary to deal with issues of convenience and timeliness of administrative decisions, known as “administrative merit”. We will also analyze whether decisions of administrative merit violate the “separation of powers”. As appropriate, some doctrinal positions regarding the concept of administrative merit will be demonstrated.
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