[Meta]Regulação mineráriaa interferência do Tribunal de Contas da União na Agência Nacional de Mineração

Resumo

This work aims to map and analyze the performance of the Federal Audit Court (TCU, in Portuguese) in the face of the public regulation of the mining sector. Despite the fact that the TCU has been identified as a leading institution in the external control of state activities, there was a vacuum in the literature in relation to its control over the regulation of the mining sector, which started to be carried out by the National Mining Agency (ANM) after the extinction of the National Department of Mineral Production (DNPM). Within this framework, the present research turns to systematize and critically analyze the totality of the decisions made by the TCU on ANM and DNPM and thereby qualify the debate on the external control of regulatory institutions from an empirical perspective. The research begins with the presentation of the mining sector in Brazil in its socioeconomic aspects considered most relevant and the historical reconstruction of the main norms that ordered mining activity in the country. Then, it starts to characterize the current regulatory framework for mining and some reforms that have been debated in recent years, largely due the disasters caused by the rupture of dams. In this context, one of the most significant changes that has ever fallen on the sector refers to the public governance model, which in 2017 started to rely on an independent agency and now presupposes a high degree of technical specialization and autonomy in its structure and decision-making processes. In a second step, the work turns to TCU and begins to analyze the theoretical foundations of external control and to systematize the two dimensions of control exercised by this institution (collaborative and coercive), with special emphasis on the parameters and limits of control over complex regulatory matters. In the final chapter, the work goes on to analyze the totality of decisions made by TCU on ANM and DNPM, with the first decision taking place in 1992 and the final chronological cut being delimited in 2020. At the end, it will be possible to structure some quantitative and qualitative empirical findings about the way in which TCU has been interfering in mining regulation, summarized in the statement that there is an increase in interest and high participation by TCU in the sectorial public governance. Notwithstanding this, a significant portion of the decisions follow an extremely controversial control pattern, since they are in tension with the limits established in the abstract by the brazilian legal system.

Ficha do documento

Tipo

Dissertação

Ano

2021

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/30486

Temas

Desenvolvimento EconômicoAdministração PúblicaGovernança

Palavras-chave

Regulatory lawRegulatory governanceInstitutionsMining regulationMiningDireito da RegulaçãoGovernança regulatóriaInstituiçõesTCURegulação mineráriaMineraçãoDireitoDireito regulatório - BrasilMinas e mineração - Indústria - Regulação - BrasilAgências reguladoras de atividades privadas - BrasilGovernançaBrasil. Tribunal de Contas da União