Banca de QUALIFICAÇÃO: MAURO CESAR SANTIAGO CHAVES

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : MAURO CESAR SANTIAGO CHAVES
DATE: 30/10/2024
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTBiODAwYmQtMzJlOS00YjY3LWEyMDMtZjQ3OTgzMzdhM
TITLE:

RESPONSIVE REGULATION IN THE CONTEXT OF FEDERAL REGULATORY AGENCIES: PERSPECTIVES AND LIMITS IN THE USE OF ADMINISTRATIVE DISCRETION

KEY WORDS:

Federal Regulatory Agencies; Responsive Regulation; Administrative Discretion; Regulatory Flexibility; Legal Certainty.

PAGES: 120
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis aims to investigate the parameters, limits, and potential of administrative discretion in the implementation of responsive regulation theory by Brazilian federal regulatory agencies. The study assumes that there is a certain misunderstanding among regulators in these agencies regarding the appropriate use of administrative discretion as one of the techniques to achieve compliance from regulated entities. In this context, the research seeks to deepen the analysis of administrative discretion, particularly in the adoption and application of responsive strategies and techniques by federal regulatory agencies. The central hypothesis is that the proper use of discretion can promote a balance between regulatory flexibility and legal predictability, as recommended by responsive regulation theory, requiring alignment with the constitutional principles and rules present in the Brazilian legal system. The research follows a qualitative approach, relying on legal and regulatory analysis, including literature review and case studies. Throughout the study, the focus is on understanding how discretion can be exercised within legal boundaries to prevent excesses while maintaining the regulatory flexibility expected by responsive regulation theory. The findings suggest that responsive regulation provides guidelines and parameters for calibrating discretion, ensuring more democratic and effective regulatory governance as long as constitutional values are respected. Furthermore, the thesis proposes specific guidelines for the use of administrative discretion that enhance the legitimacy of regulatory decisions and encourage greater compliance among regulated entities.

COMMITTEE MEMBERS:
Externo à Instituição - Fernando Barbelli Feitosa - ANTT
Presidente - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Interno - 1549538 - OTHON DE AZEVEDO LOPES
Interno - 2149902 - TARCISIO VIEIRA DE CARVALHO NETO