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.

As Lima and Wilkinson (2002) familiar agriculture shelters an important number of families who not Rattlesnake – PR – 17 the 19 of June of 2008 would have another option of survival are of the agricultural world, to support will not only prevent it the aggravation of social tensions in the field, but also in the city. The familiar agriculturists until the decade of 70 produced foods for the consumption and commercialized only the excesses all, for acquisition of item produced in the property, not aiming at only the subsistence, being the work in the property carried through for the integrant ones of the family. To guarantee the reproduction of the familiar nucleus, they had started to have parallel with the work of the country property, some type of industry caretaker to supply the necessities domestic and/or of the community (NAZZARI et al., 2007) familiar agriculture presents diversified systems of production, guaranteeing better pointers of support. This bigger diversity of cultivos if must the different factors, between them, diverse sources of income, distributed throughout the year and to the search of reduction of risks (DESER/FETRAF-SUL/CUT, 2008). According to Lima and Wilkinson (2002) the familiar costuma to be diversified and pluriativa economy, providing a dynamic greater to the agricultural world. Brazilian familiar agriculture also presents a great diversity in relation to the environment, the situation of the producers, the availability of infrastructure, etc., also inside of one same region. The familiar units are productive, economically viable and assure the ambient preservation better. From there, the economic and not only social importance of this category of producers. Data of the last Farming Census of 1995/1996 had 1995/1996 indicated that in Brazil 4.859.864 country properties exist, which occupy an area of 353,6 million hectares, being that 4.139.369 are familiar properties and occupy an area of 107,8 million hectares. According to Agrarian Ministry of Public Works and the Economy (2.000), Familiar Agriculture represents about 40% of the national agricultural production (NAZARRI, 2007).