Banca de DEFESA: MAURO CESAR SANTIAGO CHAVES

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : MAURO CESAR SANTIAGO CHAVES
DATE: 27/06/2025
TIME: 15:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTNjMjE5N2UtYjdiZi00NzVhLTk5MDEtNDA2OTQ3ZDg1M
TITLE:

Administrative discretion and responsive regulation: Parameters, limits and possibilities within federal regulatory agencies.

KEY WORDS:

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

PAGES: 280
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis investigates the parameters, limits and possibilities in the use of administrative discretion by Brazilian federal regulatory agencies, in the context of the theory of responsive regulation. The study is based on the observation of the growth in the adoption of responsive regulatory techniques and strategies by these agencies, which has generated, in many cases, a mistaken perception of unrestricted expansion of administrative discretion. In this sense, the research aims to clarify that the theory of responsive regulation imposes limits on discretion, which must be conditioned by criteria other than legal and technical ones, making regulatory flexibility compatible with legal predictability. Methodologically, the study is based on a theoretical approach, integrating not only legal, but also economic and political references. The research is structured in five chapters: the first proposes a conceptual framework on regulation, highlighting its economic, legal and political dimensions. Next, an analysis is made of the Brazilian regulatory reform that instituted the regulatory agencies, as well as emphasizing the importance of Economic and Administrative Law in the economic and social transformations that occurred in the country. Subsequently, the thesis examines the theory of responsive regulation, addressing the relevance of discretion as a qualified instrument to calibrate regulatory interventions from this theoretical perspective. The fourth chapter offers a critical analysis of administrative discretion, reaffirming its legal and institutional character, while the final chapter presents an analytical matrix structured on criteria distributed across the three axes proposed in the research: parameters, limits and possibilities. The matrix aims to guide the use of administrative discretion in a more transparent and tangible way, contributing to mitigating risks of regulatory capture and abuse of power. Among the results of the research, the understanding of discretion as a "space of conditioned possibilities" stands out, in order to avoid excesses and legal uncertainty, favoring a more legitimate application of responsive regulation by regulatory agencies. In this sense, the work seeks to offer subsidies to improve regulatory governance

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