Desafios democráticos no marco regulatório brasileiro o caso mal resolvido das agências reguladoras

Abstract

The recent crisis within Brazilian private aviation area has activated again the public discussion concerning the regulatory model which was adopted by Brazilian political authoritiesstarting from the last decade of the twentieth century, when the first privatization policy and the reform of the State took place. The present essay analyzes the mistakes which were made along this process and suggests a prudent approach in discussing the approval of PL 3.337/2004, which unifies the Brazilian regulatory framework. The intention is to stress that the question does not involve only the relationship between the state and the market, but it concerns the general social interests. For this reason, it is necessary that the procedures of the discussion are open and democratic, and the regulatory process is accurately controlled.