Abstract
It intends to discuss about judicial control of public policies in penitentiary administration. It argues in favor of recognition of the fundamental right to appropriate penitentiary administration on the basis of Article 5o, XLVIII and XLIX, Federal Constitution. The weighting of legal principles enables, confronting opposing and in favor arguments to the judicial control of administrative function, the recognition of, upon specific cases, a possible judicial intervention.
Keywords:
judicial control; public policies; discretion; fundamental right to penitentiary administration; public policies in penitentiary administration