The present paper aims to address the regulation in the context of dissolution of borders between public and private. It departs from the analysis of public services and police power to define the regulatory intensity desired by Brazilian Constitution. Then it discusses the dissolution of the boundaries in the context of impending crisis and scarcity, in which there is, in one hand, a retraction movement in direct provision of state public services and, on the other, a much more intense market intervention. It emphasizes the importance of the spread of democratic principle and the need for reasonableness from regulatory parameters.