discretion is the quality of what depends on the decision of an authority with discretion. But it can also refer to the freedom given to the Public Administration to act and make decisions within the limits of the law.
This means that the Principle of Discretion it is the option that is given, within the scope of Law, to choose one of the various hypotheses provided for by the law and the Constitution on a given subject.
Decisions taken under discretion must follow some specific criteria, such as opportunity, convenience, fairness, reasonableness, equity and public interest.
The power of discretion is given to the Public Administration so that it can act freely, with based on the limits of the law and in defense of public order, guaranteeing the authority of the public over the particular.
In a broader scope, discretion corresponds to the characteristic of what has no restrictions.
Discretion and Binding
when the law provides for all aspects of a given administrative act, the Public Administration acts under bond, that is, without space for subjective interpretations about the case, applying the only possible solution that describes the legislation.
However, when the law does not previously cover all aspects of the administrative act, the Public Administration acts with discretion, being the responsibility of the agent appraising the respective case to decide the best solution, following the guidelines of the legislation and the interest public.