discretionary judgment
[dɪˈskrɛʃəneri ˈdʒʌdʒmənt]
nounpl: discretionary judgments
julgamento discricionário
1. A legal decision made by a judge or official that is based on personal judgment within the boundaries of the law, rather than being strictly mandated by law
The judge exercised discretionary judgment in sentencing, considering the defendant's background and circumstances.
O juiz exerceu julgamento discricionário na sentença, considerando o histórico e as circunstâncias do réu.
2. The authority to make decisions and choices within prescribed limits without being bound by specific rules
The principal has discretionary judgment in determining school policies that don't violate district regulations.
O diretor tem julgamento discricionário na determinação de políticas escolares que não violem as regulamentações do distrito.
3. In administrative law, the power of an official to decide based on their assessment of what is appropriate within legal authority
The immigration officer's discretionary judgment allowed approval of the visa application despite minor documentation issues.
O julgamento discricionário do oficial de imigração permitiu a aprovação da solicitação de visto apesar de problemas menores na documentação.
This term is fundamental to both the American and Brazilian legal systems, representing the balance between rule of law and judicial flexibility. In the USA, it's particularly important in sentencing law and administrative law, while in Brazil, it's central to discussions about judicial independence and reform. The concept reflects ongoing debates about judicial activism versus restraint in both countries.
Related Idioms & Phrases
within one's discretionary judgment
exercise discretionary judgment
abuse of discretionary judgment
judicial discretion
Look up more words on Fala2Me
The free English-Portuguese dictionary with real Brazilian accents, NYC slang, conjugator and more
Open Fala2Me →