ASPECTS OF ENHANCED AUTONOMY (INDEPENDENCE) OF REGULATORY AGENCIES

Authors

  • Artur Carnauba Guerra Sangreman Lima Universidade Federal de Alagoas - UFAL

DOI:

https://doi.org/10.26729/et.v16i01.2407

Abstract

Introduced in the 1990s, the Brazilian regulatory framework represents a paradigm shift in government action, resulting in indirect government intervention.  Administrative decentralization was embraced, which then entailed the creation of several autonomous entities.  The point is that, although deemed autonomous, these regulatory agencies have in reality an enhanced autonomy (also referred to as independence).  In this context, it is relevant to analyze the four different aspects of the independence granted to the regulatory agencies:  members are politically unaffiliated; technical and decisional autonomy; budgetary, managerial, and financial independence; and normative independence.  Not without referring to the legal rules and to the national case law, it is necessary to carry out a careful analysis of each one of the aspects of this enhanced autonomy in order to better understand how government regulatory activity works in Brazil.

Published

2018-02-09