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 |
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| author | Valter Shuenquener de Araújo |
| author_facet | Valter Shuenquener de Araújo |
| author_sort | Valter Shuenquener de Araújo |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-11T19:30:20Z |
| format | Article |
| id | doaj.art-ff19b8808ddd40119ed05ac3f0563be9 |
| institution | Directory Open Access Journal |
| issn | 1727-2645 2517-679X |
| language | English |
| last_indexed | 2024-04-11T19:30:20Z |
| publishDate | 2021-05-01 |
| publisher | Emerald Publishing |
| record_format | Article |
| series | Public Administration and Policy |
| spelling | doaj.art-ff19b8808ddd40119ed05ac3f0563be92022-12-22T04:07:01ZengEmerald PublishingPublic Administration and Policy1727-26452517-679X2021-05-01241364810.1108/PAP-09-2019-0024661794The four pillars for the preservation of the regulatory agencies’ technical impartiality in BrazilValter Shuenquener de Araújo0Law Faculty, Rio de Janeiro State University, Rio de Janeiro, BrazilPurpose – 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.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-brazilregulatory agenciesfixed-termjudicial reviewcontingencytechnical autonomy |
| spellingShingle | Valter Shuenquener de Araújo The four pillars for the preservation of the regulatory agencies’ technical impartiality in Brazil Public Administration and Policy regulatory agencies fixed-term judicial review contingency technical autonomy |
| title | The four pillars for the preservation of the regulatory agencies’ technical impartiality in Brazil |
| title_full | The four pillars for the preservation of the regulatory agencies’ technical impartiality in Brazil |
| title_fullStr | The four pillars for the preservation of the regulatory agencies’ technical impartiality in Brazil |
| title_full_unstemmed | The four pillars for the preservation of the regulatory agencies’ technical impartiality in Brazil |
| title_short | The four pillars for the preservation of the regulatory agencies’ technical impartiality in Brazil |
| title_sort | four pillars for the preservation of the regulatory agencies technical impartiality in brazil |
| topic | regulatory agencies fixed-term judicial review contingency technical autonomy |
| url | 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 |
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