As capturas nas agÃncias reguladoras e o debatesobre a legitimaÃÃo do Estado Regulador:a produÃÃo democrÃtica do direito e os desafios do direitoadministrativo contemporÃneo / The capture in the regulatory agencies and the debate over the legitimation of Regulatory State: the democratic production of law and the challenges of contemporary administrative law

AUTOR(ES)

Luciana Leal Brayner

DATA DE PUBLICAÇÃO

2008

RESUMO

This dissertation introduces a study on the regulatory state considering the issues of autonomous regulatory entities and analyzing the possibility of constructing democratic legitimacy. We try to comprehend whether the capture of regulatory agencies would be a mere model failure, which could be rectified by specific instruments, or whether it would indicate the impossibility of constructing spheres of law-making isolated by exclusively technical criteria. Could democratic legitimacy be applied to regulatory agencies in face of the capture matters? The new model of regulation, which became an international trend and which the government tries to implement in Brazil, lies on delegating state regulatory activities to entities independent of both government and political and economical interferences and whose activities are based on technical criterions. In spite of this project, reality has proven that regulatory agencies are often captured by the regulated sectors and even by political powers. However, we believe that the research about the legitimacy of those autonomous entities of regulation is deeply related to the development of democracy achieved by each society. It refers not only to the legitimacy of the project, but it refers also to the capacity to create internal participative mechanisms in those regulatory entities. The simplification and the specialization of decision-making processes, typical of regulatory States, are able to make state choices have legitimate legal enforcement, as long as citizenâs real capacity of participation in public decision is guaranteed

ASSUNTO(S)

legitimation agÃncias reguladoras legitimaÃÃo regulatory agencies democraticy democracia direito

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