Quatro Fases do Poder de Polícia (Com Exemplos)

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Quatro Fases do chamado Ciclo de Polícia:

*Ordem – lei que estabelece restrições e condições de como se pode realizar a atividade privada.

*Consentimento – que pode ser concedida por Licença ou Autorização para a realização da atividade. 

*Fiscalização – verificação do cumprimento das normas

*Sanção – medida coercitiva aplicada ao particular que descumpre as normas para o exercício da atividade

QUESTÃO CERTA: Considerando as vertentes do poder de polícia, que o divide em quatro ciclos, e a atuação das concessionárias de serviços públicos, estas: podem exercer os ciclos de consentimento e fiscalização do poder de polícia, nos termos e limites do que tiver sido previsto no contrato de concessão e atos normativos autorizadores da delegação.

Verdade. Como já vimos, o Poder de Polícia não é delegável às pessoas jurídicas de direito privado para a edição de atos normativos (fase: ordem) e nem para a aplicação de sanções (última fase do ciclo). Ele é delegável para consentimento e fiscalização.

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QUESTÃO CERTA: O exercício do poder de polícia é: cabível tanto por meio de determinações de ordem pública quanto por consentimentos de pedidos feitos à administração.

QUESTÃO CERTA: Os atos praticados no exercício do poder de polícia tanto podem consistir em determinações de ordem pública (ordenar que se faça) quanto em consentimentos dispensados aos administrados (permitir que se faça).

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