Right to health, discretion, purpose, and the (im)possibility of controlling administrative merit in light of EA nº 684.612/RJ

Abstract

This study aims to revisit the concepts of purpose, discretion, and administrative merit, analyzing the possibility of judicial control for judicial control over administrative merit as a means of safeguarding the right to health. The analysis is contextualized by the judgment of RE No. 684.612/RJ. It examines the theme in light of the premises of neo-constitutionalist theory of administrative discretion, in which the source is the Law, globally considered.