Teoria dos conceitos jurídicos indeterminados aplicada ao direito administrativo

Abstract

The concepts called "indeterminate" have been under focus of legal doctrine. There are several questions to be answered at the administrative level, such as what is the area of indeterminacy, how is outlined the margin of appreciation and how is the relationship between this margin and discretion. The answers to these questions were reached by using Logic, Semiotics and Philosophy as instruments. Some fallacies and inconsistencies were identified in theoretical arguments. This work, however, was not limited to critical analysis. It aimed, by necessity, at the construction of a theory of legal concepts. Some conclusions, such as the definition of vagueness, however, exceeded the field of Law, with impact to all sciences. Besides, it was concluded that all the concepts are determined by the Law as linguistic patterns, and do not have, ontologically, any distinction. Without confusing "space of freedom" with discretion, both, interpretation and legal application, regarding to the standard or to the rule-of-reference, are activities that take place in the strict legal area. The interpretation of law and application of legal concepts are not discretional activities, whether in public (administrative function), whether in private sphere, remaining subject to judicial control