Limits to the Sanctioning Function of the Public Utilities Regulatory Agencies
Among the various functions of the regulatory agencies, the sanctioning is less studied. The doctrine limits itself recognizing the legitimacy of regulators to impose sanctions arising from its inspection activity, forgetting, however, to examine the issue from the aspect of an amplified logic as...
| Main Author: | |
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| Format: | Article |
| Language: | Portuguese |
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Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)
2015-12-01
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| Series: | Revista de Direito Administrativo e Gestão Pública |
| Subjects: | |
| Online Access: | http://www.indexlaw.org/index.php/rdagp/article/view/177 |
| _version_ | 1818683793003773952 |
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| author | Sérgio Luiz Barbosa Neves |
| author_facet | Sérgio Luiz Barbosa Neves |
| author_sort | Sérgio Luiz Barbosa Neves |
| collection | DOAJ |
| description | Among the various functions of the regulatory agencies, the sanctioning is less studied. The doctrine limits itself recognizing the legitimacy of regulators to impose sanctions arising from its inspection activity, forgetting, however, to examine the issue from the aspect of an amplified logic as the regulation, which appropriates other principles beyond the Administrative Law, seeking to functionalize the decisions issued by its collegiate bodies, under strong influence of Law and Economics. This decision making method is best suited to the dynamics of current social relations and to the almost daily technological advances in a world constantly changing and marked by interdependent heterogeneities. The imposition of fines is therefore a simple solution under contractual rules, which does not meet the main goal of public utility regulation, which is to ensure its adequacy, as provided for by art. 6 of Law No. 8,987 / 95. |
| first_indexed | 2024-12-17T10:40:23Z |
| format | Article |
| id | doaj.art-d025a1ca83de4c94b012533c6aff0782 |
| institution | Directory Open Access Journal |
| issn | 2526-0073 2526-0073 |
| language | Portuguese |
| last_indexed | 2024-12-17T10:40:23Z |
| publishDate | 2015-12-01 |
| publisher | Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) |
| record_format | Article |
| series | Revista de Direito Administrativo e Gestão Pública |
| spelling | doaj.art-d025a1ca83de4c94b012533c6aff07822022-12-21T21:52:16ZporConselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)Revista de Direito Administrativo e Gestão Pública2526-00732526-00732015-12-011110311910.26668/IndexLawJournals/2526-0073/2015.v1i1.177177Limits to the Sanctioning Function of the Public Utilities Regulatory AgenciesSérgio Luiz Barbosa Neves0Universidade Candido MendesAmong the various functions of the regulatory agencies, the sanctioning is less studied. The doctrine limits itself recognizing the legitimacy of regulators to impose sanctions arising from its inspection activity, forgetting, however, to examine the issue from the aspect of an amplified logic as the regulation, which appropriates other principles beyond the Administrative Law, seeking to functionalize the decisions issued by its collegiate bodies, under strong influence of Law and Economics. This decision making method is best suited to the dynamics of current social relations and to the almost daily technological advances in a world constantly changing and marked by interdependent heterogeneities. The imposition of fines is therefore a simple solution under contractual rules, which does not meet the main goal of public utility regulation, which is to ensure its adequacy, as provided for by art. 6 of Law No. 8,987 / 95.http://www.indexlaw.org/index.php/rdagp/article/view/177Agência reguladora, Direito econômico, Sanções, Serviço público adequado |
| spellingShingle | Sérgio Luiz Barbosa Neves Limits to the Sanctioning Function of the Public Utilities Regulatory Agencies Revista de Direito Administrativo e Gestão Pública Agência reguladora, Direito econômico, Sanções, Serviço público adequado |
| title | Limits to the Sanctioning Function of the Public Utilities Regulatory Agencies |
| title_full | Limits to the Sanctioning Function of the Public Utilities Regulatory Agencies |
| title_fullStr | Limits to the Sanctioning Function of the Public Utilities Regulatory Agencies |
| title_full_unstemmed | Limits to the Sanctioning Function of the Public Utilities Regulatory Agencies |
| title_short | Limits to the Sanctioning Function of the Public Utilities Regulatory Agencies |
| title_sort | limits to the sanctioning function of the public utilities regulatory agencies |
| topic | Agência reguladora, Direito econômico, Sanções, Serviço público adequado |
| url | http://www.indexlaw.org/index.php/rdagp/article/view/177 |
| work_keys_str_mv | AT sergioluizbarbosaneves limitstothesanctioningfunctionofthepublicutilitiesregulatoryagencies |