THE COLLISION OF DISCRETION AND DETERMINING REASONS IN THE TRANSITION OF GOVERNMENTS

Abstract

The problem is known to the population, in Brazil, cases of paralyzed public works that cross the transition of governments and, not infrequently, cross several mandates of public administration are common. This occurs in all spheres of the Executive Power. About these events, the research intends to determine the scope of the discretionary decision of the elected manager for the position of the executive power on the convenience and continuity of public works. It is verified that for convenience the elected administrator must proceed with the public works of the previous administration and, in this condition, the application of the discretionary power of the position of the Executive Power does not fit. Therefore, the justification for the stoppage or abandonment of public work requires proven motivation in fact and in law, since the use of discretionary act is not immune to legal control and has limits in the theory of motivation or determining reasons.