As agências reguladoras e a proteção dos usuários

• Ano de defesa: 2016
• Autor(a) principal: Fassa, Claudia Bossay Assumpção
• Orientador(a): Rocha, Silvio Luís Ferreira da
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Agências reguladoras; Dever de aproximação; Proteção dos usuários
• Palavras-chave em Inglês: Regulatory agencies; Duty of approximation; User protection
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/18817

Independent regulatory agencies, functioning within the model developed in the 1990’s with their own purposes and normative power over multiple sectors of the economy as well as over the provision of public services, have assumed great importance in democracy and social order, ever since they have been charged with exercising the regulation of certain sectors of the economy, with the overwhelming objective of assuring the adequate provisioning of services and guaranteeing protection for the user, as prescribed in Article 175, subsections II and IV of the Federal Constitution. These objectives are public functions, obligations of the state which cannot be waived. The state, faced with the shrinkage of the welfare state, which has passed from being a service provider to being a regulator of these activities, has been charged with maintaining vigiliance so that these services can be provided to society in the best manner possible. This transition from state as contractor to state as guarantor has increased the demand for state provisions. The logical consequence of requiring this protection is the obligation for approximation between the regulating entities and the user. The regulatory agencies have the legal duty to approach and protect the users, as well as the responsibility to make effective the principle informants of the legally governed, social, democratic state and economic order, providing relief for the principles of human dignity. Allied with the role of user protection, which is conferred upon the regulatory agencies, it is essential that the safeguarding of citizens be reinforced by mechanisms of democratic participation so that they may guarantee the right to influence the management of services provided by regulated companies, the management of the very activities of the regulatory agencies, and the commitments and agendas that have been and should be adopted by the public authority. Regulatory acts should be responsive, that is to say transparent, contrained by adminstrative morality and wrapped in honesty, in order to meet the demands of society. The adminstered have the right to a public adminstration that is not only efficient but also effective. The level of approximation and protection for the user, which is a fundamental right, and the duty for efficiency and effectiveness of the regulatory acts within the scope of the regulatory agencies are perfected through institutionalized dialogue with the citizen (whether a user or not, a consumer or not) by way of instruments of democratic participation and within the exercise of the commitment of the agencies to responsibility and administrative responsiveness