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To be able of policy To be able of polices is the state activity that limits the exercise of some individual rights in favor of the collective good. The State cannot allow that the particular one harms excessively, in such a way this power of policy places the State with the purpose to assure that the individual right if does not overlap to the interest of the collective. Development the proper legislator express foresaw in article 78 of the CTN the definition of being able of policy. Art.78 CTN is considered to be able of policy the activity of the public administration who, limiting or disciplining right, interest or freedom, regulates practical of act or the abstention in fact, in reason of public interest concernente the security, the hygiene, the order, to the customs disciplines, it of the production and the market, to the exercise of dependent economic activities of concession or authorization of the public power, the public tranquillity or the respect the individual or collective property and rights. It is verified that the power of policy in accordance with this definition of the legal text that has an intention of preservation of the public interest. The proper legislator worried in establishing the limits of this power express placed in the first paragraph of the article 78 its limits Article 78 paragraph only CTN Considers itself to regulate the exercise of the power of policy when played by the competent go in the limits of the applicable law, with observance of legal process e, being about activity that the law has as discretional, without abuse or shunting line of being able. In this direction, he will be able the public power to establish norms, regulations or you would carry aiming at the welfare of the collective Example given for the doctrine is the law that disciplines the use and sales of fogos of artifice As it can verify itself in benefit of the collective interests the State limit the use and sales of these products, in such a way exerting its power of policy.


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