Poder regulamentar das agências reguladoras

Abstract

This study deals with the power to regulate of the regulatory agencies, which are organisms endowed with superior autonomy in relation to the government, and being the person in charge of the specialized regulation of economical and public activities exercised by the private sector. Although there is controversy and criticism on the formulated power of the agencies, it is necessary recognize their role on technical and specialized sectorial regulation. Only with the possibility to edit normative acts, the agencies can exercise an effective regulation of the technical point of view to assure the stability of the market competition, protecting at the same time the users’ interests, of the activity explorer and of the State. It doesn’t mean that iit is a legislative delegation to the public administration, once the action of regulation power is limited by federal law.