A ANÁLISE DE IMPACTO REGULATÓRIO COMO UM INSTRUMENTO DE PARTICIPAÇÃO SOCIAL

Abstract

This article discusses Regulatory Impact Analysis (AIR) as a fundamental mechanism for ensuring quality and efficiency on the regulatory process, conceptualizing it as an instrument that seeks to identify and evaluate the impacts of different alternatives for public action. In Brazil, Law No. 13,848/2019 and Decree No. 10,411/2020 established the mandatory nature of AIR, although its methodology and application still lack standardization and improvement. When analyzing the role of the Regulatory State’s evolution and the urge for interdisciplinary articulation in the elaboration of standards, the AIR is seen as a step forward towards regulation that balances economic efficiency and social demands, avoiding decisions that generate disproportionate costs or excessive restrictions that, based on assessments that consider proportionality and a cost-benefit analysis in order to reach fair choices based on ethical planning, with methodological detail and public participation. There are, however, criticisms regarding the way in which the instrument has been applied, the degree of abstraction of the current legal framework and the number of exceptions to the mandatory nature of its application, which may distort its nature and compromise its role in promoting consistent and transparent regulatory decisions.