V? Three requirements of caution We go to consider three requirements of caution in its exercise, even so with certain care how much to many times ingenuous pretension to transform doctrinal categories into ' ' lei' ' , that two of them, the two first ones, are legal obligation in strict direction. The first one: to prevent any shade of potential conflict of interests between private public and capital interest, and, of certain form, to keep the institucional proximity with figure of the autarchies, in the state one that it will be to exert to be able of only polices can exist capital public, never private. That is: but public companies, never society of mixing economy, can exert to be able of police. In other words, duties and limits are taxes to become possible the life in society, do not stop enriching nobody. Second requisite: the companies you publish that to exert to be able of policy will not be able to intervine concorrencialmente in the economy. They only can be rendering of public services. One would be about absolutely anti-isonmica a concorrencial intervention, since none another private entity would be endowed with such power extroverso. Third requirement: the exercise of the power of polices must be accidental in relation to the public rendering of services.
It wants to say, cannot exist a public company whose corporate object is to exert the administrative policy of the professions, ambient, urbanstica etc. I finish it requirement demand more explanation. Which the reason for not to exist public companies which if attributes, directly and exclusively, the exercise of some power of sectorial policy? In thesis, the solution is possible. It occurs that, as we said, the corporate entity of private law finishes being an excellent modeling sub in relation to the personality of public law when it is treated to exert the power of polices. VI? Conclusion: state they can exert to be able of polices relatively Curious that if it admits, nowadays in way until tranquilo, that the state ones can give public services, but that ' ' fear of the form privada' ' , that already it was won has much time in the field of the right of the public services. If entities of the public administration, of integrally public capital, with public goods, integrated for public agents who are guaranteed against how much in such a way statutory serving pressures, can give public services, why they could not exert some fraction of the power of polices that if it ties directly with the exercise of the installment. A reading antifundacionalista and directed to the reality of the economy and the practical consequncias of the interpretations of the administrative law cannot have fear to affirm: public companies, in certain cases, can exert the power of police.
