Public Health Facilities

Also the closing of establishments due to hygiene can be placed of example, where it searchs public health. Thus the interests individual they must take care of the rules imposed for a collective good. The policy power possesss the following characteristics? Discretional or tied? Autoexecutoriedade? Coercibilidade Is discretional because it is to its judgment the exercise of the activity. To read more click here: New York Life . Some authors place that the policy power will only be discretional, however have doutrinadores that also they place this power as entailed that has a duty to act in definitive Autoexecutoriedade situations? capacity of the administration to execute its acts, independently with judicial procedure Coercibilidade- is endowed with coercitive force. The particular one will be able to question the performance of the administration, this particular one will be able this questioning to use of the mandamus. It will be able to have as sanctions, fines, apprehension of merchandises or good, closing of establishment in disconformity with the law among others.

Principles that conduct the policy power: Between the main principles that conduct the policy power they are: sovereignty of the public interest, razoabilidade. Supremacy of the public interest? the interest of the particular one enters and the public interest this prevails therefore concentrates the interest of the collective. Razoabilidade? the administrator cannot act according to its exclusive agreement, having to have a razoabilidade in the exercise of this power. Also he must have a proportionality between the ways and the ends. Example: if it cannot knock down a building due to license, in this direction the power of the administration alone will be able to act for the satisfaction of the collective interest.

Thus the excess of the adminstrao must be verified that cannot cause damage longer than necessary Conclusion To be able of policy serves to condition, to restrict or to limit the activities of the particular ones for the preservation of the collective interest Could be revealed of the most varied forms, such as fines, licenses, closing of establishments, etc. It is necessary to have a razoabilidade of the exercise of this power so that it does not have arbitrariedade. It has as characteristic discretional or to be tied, autoexecutoriedade and coercibilidade the main bedding of the policy power is the supremacy of the collective interest on the particular one, acting this power of form to bring the welfare of the collective. Bilbiografia Di Pietro, Maria Sylvia Zanella, Adminstrativo Right, 24 edition publishing company Atlases.