Conflict situations that may occur due to the exercise of other jobs or the perception of other income than public income can be managed in two ways, depending on the types of interests that give rise to the conflict of interest situation and the level of risk that This implies for the public functions of each group: either eliminating the particular interest whenever possible (prohibitions of activities), or avoiding the influence of this interest on professional judgment (limitations on authorized activities or maximum thresholds in the ownership of shares companies in public sector contractors, for example).
Thus, the incompatibility regulations will determine:
The prohibition of a second occupation, automatic or ad hoc , to eliminate personal interest that could jeopardize the impartiality of the public servant.
Some limitations that do not eliminate interest but try to avoid its influence on professional judgment, such as those envisaged for senior positions with regulatory functions of supervision or control over companies that issue securities or negotiable financial assets in a market, to which The legislator does not prohibit the ownership of financial assets, but it does impose that the management and administration of those carried out by a financial entity that cannot receive its investment instructions.
The ex lege authorization, when the legislator considers that certain activities do not interfere in the development of public functions (for example, literary creation) or entail the exercise of rights inherent to the person (for example , the administration of the personal assets of public employees). In this case, the legislator prefers to postpone the management of the conflict of interest until it is real, then providing for the specific reasons for abstention that will avoid the influence of that interest in the trial or decision.
