O déficit de legitimidade democrática na atividade normativa Agência Nacional de Saúde Suplementar por meio de consultas públicas (2001 – 2017)

Abstract

The presente article aims to perform an empirical and a critical-reflexive analysis of popular participation in the exercise of normative power of the National Agency of Private Health Care (ANS), through public consultations, indicating a diagnosis of the real participation of civil society in these processes. The discussion followed the challenges faced by state that proposes to be a democratic rule of law model, inserted in the scenario of complex and plural societies, and the Brazilian context of regulatory agencies implementation. The answer to the research question of the deficit of democratic legitimacy identified in the conduct of the public consultations by the National Agency of Private Health Care (ANS) led to the hypotheses, that they identified their need for adequate procedures for public debate, as well as the incongruity of admitting an insular action, away from its recipients by regulatory agencies. In order to answer the introduced problem, the public consultations carried out by the ANS (2001 – 2017) were analyzed, with a bibliographical data and documents. Habermas’ deliberative theory was adopted by the participative facet of democracy, both of which constitute new bases of legitimization of the Public Administration that exceeds the formal normative legality. It was concluded by the lack of democratic legitimacy of the ANS, regarding its normative regulatory activity, since the public consultations would not be fulfilling, satisfactorily, the purpose for which they were created.