A função jurisdicional do Tribunal de Contas e o princípio da deferência técnico-administrativa

Abstract

The scope of this article is to present the judicial function of the General Accounting Office and the application of the principle of technical and administrative deference as a limit to the interference of the Judiciary in the technical decisions handed down by the General Accounting Office. It aims to demonstrate that the General Accounting Office is able, in view of its staff and the constitutional function it performs, to make complex and multidisciplinary decisions, based on essentially technical aspects. In this sense, the Judiciary should defer to the decisions rendered by the General Accounting Office, due to its greater technical expertise. This means that only a vicious trial of vices, violating constitutional principles such as the contradictory and ample defense, can lead to the correct intervention of the Judiciary