A INTERVENÇÃO MINISTERIAL NO CASO DE OMISSÃO DAS AGÊNCIAS REGULADORAS

Abstract

The study of the feasibility of intervention by ministries in regulatory agencies integrates large areas of constitutional and administrative law, and more specifically the control of Public Administration. In this sense, this research uses legal instruments, based on an analysis of the current regulatory framework, to investigate control in the face of possible omissions by regulatory agencies in the implementation of public policies. The research is motivated by the recent disputes between the government and the agencies, notably ANEEL and Anvisa. The aim is to establish parameters for answering the main questions about control, to preserve the autonomy of regulatory agencies and control by an impartial and equidistant arbitrator. The conclusion is that resistance to the application of public policies, manifested by the unreasonable delay in responding to regulatory demands, can be considered a form of abuse of autonomy, but in some cases the strategic inaction of the agency can be a positive alternative, given the presence of serious risks for making a hasty decision. Therefore, the verification of the omission of regulatory agencies will always depend on the specific case.