ARSEPAM e o desafio da independênciaanálise da autonomia da agência reguladora de serviços públicos delegados e contratados do estado do Amazonas

Resumo

This study analyzes the autonomy of the Regulatory Agency for Delegated and Contracted Public Services of the State of Amazonas (ARSEPAM), within the context of the Regulatory State, focusing on its performance in the sectors of intermunicipal transport, oversight of contracted public services, and promotion of transparency and social participation. It starts from the premise that ARSEPAM's institutional autonomy is an indispensable condition for effective regulation in the Amazonian context, marked by geographical, social, and logistical challenges. The methodology used is qualitative and exploratory, based on document analysis, bibliographic review, and normative interpretation, articulated with applicable federal and state legislation. The study demonstrates that, although ARSEPAM has an adequate legal framework and a minimum operational structure, it still faces significant obstacles related to a lack of effective active transparency, the absence of advisory boards, low informational interoperability, and difficulty in disseminating its actions—aspects that compromise its autonomy. The developed sections demonstrate progress in transport regulation and contract oversight, but also reveal the need for institutional reform to ensure greater responsiveness, social control, and the use of regulatory technologies. The conclusion confirms the central hypothesis and recommends strengthening the agency's technical, legal, and participatory capabilities. Thus, ARSEPAM proves to be a key element in consolidating public regulation as an instrument of social justice, state efficiency, and the realization of fundamental rights in the State of Amazonas. This work connects to the program's research line and its structuring projects, which bring together research aimed at understanding, analyzing, diagnosing, and pointing out solutions to problems related to structural aspects of the State and its institutions (including its decision-making process), transnational institutions in light of their regulatory bias, and the legal, economic, and social foundations of regulation. The focus of these analyses falls on its role in the economic domain and in the provision of public services, on its constitutional vocations, on the complexity of the social relations in which its competences develop, on the impacts resulting from the change in state governance from a hierarchical type to a polycentric model, on its democratic credentials, on the limits and programs in the form of constitutional norms (rules and principles) that condition its actions, on the epistemic limits that affect regulatory choices and their control, on its decision-making process in all its dimensions, including the sanctioning one (administrative and penal), on the role played by administrative law institutions in shaping regulatory decisions and activities (such as administrative acts and contracts, concessions and bidding processes), and on its role in achieving relevant economic, political and social objectives, including in this universe the protection of rights and other global public goods. In addition to highlighting the foundations, attributions, characteristics, and functions of the State's actions, this line of research also focuses on the study of Regulatory Agencies and governance institutions and structures, public or private, at the national and international levels, that perform regulatory functions or affect regulatory choices, as well as other institutions that interact with regulatory agents in specific institutional arrangements, especially those that exercise control functions over regulatory choices, such as courts of accounts, judicial bodies, and even transnational bodies, with the purpose of understanding their institutional configuration, the institutional design in which they operate, and their decision-making process.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/38104

Temas

Gestão PúblicaTransportesAdministração PúblicaGovernança

Palavras-chave

Regulação PúblicaAutonomia InstitucionalTransporte IntermunicipalTransparência GovernamentalServiços PúblicosPublic RegulationInstitutional AutonomyIntermunicipal TransportGovernment TransparencyPublic ServicesDireitoDireito regulatórioTransparência na administração públicaServiço públicoPolítica de transporte urbano - AmazonasAgência Reguladora de Serviços Públicos Delegados e Contratados do Estado do Amazonas