Do poder normativo das agências reguladoras

Abstract

This work aims to verify till how far goes the autonomous authority of regulatory agencies, which are usually a part of the executive branch of the govemment, or they have statutory authority to perform their functions with oversight from the legislative branch. They form Govemment body formed or mandated under the terms of a legislative act (statute) to ensure compliance with the provisions of the act, and in carrying out its purpose. Also called regulatory authority or regulatory body. Travels up from its ancient origins in nineteenth century England, to the context of its current configuration in Brazil after the phenomenon called the "State Reform", started in the 80s and intensified in the 90s, especially in the govemment of Fernando Henrique Cardoso. Various activities have been privatized, following the world trend of crisis of the welfare state, the state model typicaI entrepreneur who originated the crisis of 1929 and continued after the war. Faced with this task, you must walk around the concept of such entities, and their role in our society, usually under tood as the regulatory and supervisoryactivities performed by individuais, former state monopoly, besides reviewing the regulatory powers in relation to the principie of legality, the separation of powers and efficiency, as well as judicial review administrative acts, more specifically, then normative activityemanating from the regulatory agencies, which, in a repressive wayalso acts as a limiter of the nonnative power ofthese special authorities. Some controversial issues, however, will arise, and must be addressed as the subject of regulatory actions and their autonomy, intrinsically linked to the issue of regulatory powers of regulatory agencies.