The four pillars for the preservation of the regulatory agencies’ technical impartiality in Brazil
Purpose – The purpose of this paper is to debate on how to achieve, in countries that have invested in the North American model of the regulatory state, the greatest efficiency in creating norms for the organization of public and private activities in order to guarantee the autonomy and technical im...
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| Format: | Article |
| Language: | English |
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Emerald Publishing
2021-05-01
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| Series: | Public Administration and Policy |
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| Online Access: | https://www.emerald.com/insight/content/doi/10.1108/PAP-09-2019-0024/full/pdf?title=the-four-pillars-for-the-preservation-of-the-regulatory-agencies-technical-impartiality-in-brazil |
| Summary: | Purpose – The purpose of this paper is to debate on how to achieve, in countries that have invested in the North American model of the regulatory state, the greatest efficiency in creating norms for the organization of public and private activities in order to guarantee the autonomy and technical impartiality required for the proper functioning of regulatory agencies. Design/methodology/approach – This paper describes the development of the legal framework regarding regulatory agencies in Brazil. The research was based on bibliographical data, media reports, and the Brazilian Supreme Court decisions. Findings – The regulation dissemination through regulatory agencies in Brazil has given rise to a series of controversies concerning the limits of their performance and the extent of their technical discretion. According to the findings, it is concluded that these independent agencies should be guided by the following four pillars: (1) the legal rule of fixed-term in office; (2) the principle of lesser control intensity (deference) of the agency acts; (3) the prohibition of contingency of agencies’ budgetary resources; and (4) the prohibition of agency powers suppression. Otherwise, the institutional capacity of agencies will be diminished and their neutral action in technical matters will be compromised. Originality/value – This paper shows how enhanced autonomy and technical impartiality can be useful for better regulatory governance in other countries, preventing them from suffering from the same problems that have occurred in Brazil. |
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| ISSN: | 1727-2645 2517-679X |