Agências reguladoras e os riscos da captura pelos entes regulados : estudo comparativo entre o direito regulatório norte-americano e o brasileiro

Abstract

This essay studies the risks of Brazilian regulator agencies capture by the regularized beings. Firstly, it was made an approach about the agencies emergence and historical development in American Law and its influence on the building on Brazilian regulatory law. It is about the passage from the interventionist State to the regulator One, standing out the regulator agencies role, as an instrument of intervention in economic activity. It presents the main features of the regulatory model implanted here and it makes evident that formation of the patrimony of Brazilian State, the democratic deficit and the inequality of information, are factors that contribute for the capture of the regulator being. At the end, it is mentioned some situations, appreciated by the Judiciary and by two Parliamentary Commissions of Inquiry of the Chamber of Deputies, in which it was verified some traces of regulatory capture.