Déficit democrático e mecanismos de controle da atuação das agências reguladoras independentes no Brasil

Abstract

This paper examines the democratic deficit and control mechanisms attributed to the actions of independent regulatory agencies in Brazil. After recognizing that the phenomenon of independent regulation is highlighted especially after the collapse of the welfare State, essentially bureaucratic, with the rise of the regulatory State of the XXI century, marked by the spraying of State powers; analyzes the vicissitudes of the new regulatory model adopted, more or less homogeneous, in the various international legal systems. The regulatory agencies emerge as mechanisms to consolidate the proposals of the Modern Regulation through the congregation of unique features, such as enhanced administrative authority, based on the high degree of independence from the government. However, the broad powers to perform the regulatory activity and high independence of independent regulators begin to generate doctrinal discussions about the democratic legitimacy of the institute. The solution found by the Brazilian constitutional order was the adoption of instruments to insert the popular participation in the administrative regulatory process, aiming to supply the democratic deficit. In this framework, will be analyzed the effects, extent and forms of realization of the fundamental right to popular participation, highlighting the difficulty of implementing the participative regulatory model in Brazil. The social control of regulatory agencies will be approached as an additional way and necessary to the legitimacy of its actions.