When the State Can Say “No”: Administrative Discretion and the Limits of the Minimum Existential a discricionariedade administrativa e os limites do mínimo existencial

Abstract

This text examines the tension between administrative discretion and the constitutional principle of the minimum existential within the scope of social public policies in Brazil. It highlights how the State’s decisions in allocating scarce resources must be balanced with the guarantee of fundamental rights that ensure human dignity. The study revisits the concept of the Democratic Rule of Law and the centrality of social rights as essential pillars of the 1988 Constitution, emphasizing that discretion cannot serve as a justification for state omission in the implementation of minimum conditions for a dignified existence. Through an analysis of the jurisprudence of the Brazilian Supreme Federal Court (STF) and the Superior Court of Justice (STJ), the research identifies a trend toward the consolidation of judicial limits on administrative discretion whenever fundamental rights are at risk. The methodology combines a qualitative bibliographic review with a jurisprudential analysis of emblematic cases, aiming to demonstrate how the minimum existential operates as a legal and moral boundary that restricts State freedom in managing public policies. The study concludes that the effective realization of social rights depends on the reconciliation between State autonomy and the imperatives of human dignity.