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What it has contigente between some activities is a proximity historically and the Power I publish. Much of the ontolgico argument regarding the impossibility of state-owned companies to exert the policy power sends to the quarrel concerning a material content for the utility notion: certain activities, ' ' for its proper natureza' ' , they would be typical utility; the activities of police administrative, ' ' for its proper natureza' ' , they could only be exerted by entities of public law. If you are unsure how to proceed, check out Western Union. It is evident that the regimen of public law is adaptativo, thick way, to the exercise of the power of polices. If to analyze the enclosed activities in the policy power, we will see that many tranquilamente are delegated the private entities. It exists, yes, an empirical proximity between being able of polices and corporate entity of public law? it does not want to say that it has been or that it always must be thus. IV? The refutation of the consequencialista argument concerning the instability of the regimen of staff the next argument presented for the impossibility to the exercise of being able of polices for state-owned companies it is consequencialista. It has an extensive theoretical debate regarding the acceptance, or not, of based legal theories in the philosophy of base of the consequencialismo? the utilitarian pragmatismo? , but, however it may be, it is perfectly possible to use consequencialistas reasonings in the practical one of the right without ' ' to go fundo&#039 very; ' in its eventual estimated philosophical one or at least to cogitate them. It was what n2.310-DF became in the appreciation and the judgment of the ADIn, so far the most recent jurisprudencial manifestation regarding our subject. It is in fact that the public officers do not possess the stability of art.41 of the Constitution of the Republic, that assevera is steady ' ' servers nominated for provisions positions efetivo' '.

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