This paper aims to present a discussion about the forms of agencies decision’s Judicial Review . Jacob Gersen and Adrian Vermeule, disagreeing with most of legal academy and some lower court argue that decisions making under uncertainty can provide the agencies good reasons to depart from a rigid view of rationality. This view, called Thin Rationality Review presents an empirical data that shows that the Supreme Court has been deferring to the agency’s challenges in absolute terms and textual support to demonstrate that it has been sensitive to the agency’s decision-making limitations under uncertainty in its ongoing jurisprudence. The authors provide a careful description of the agency’s rational decision-making under sub-optimal decision conditions. Is this the best perspective? If so, can it be adopted on Brazilian Administration, once the new government agenda includes privatization and regulation?
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