O papel da air na construção da racionalidade regulatória em setores essenciaisuma análise documental nas agências de serviços de energia e recursos naturais

Resumo

This study aimed to analyze the compliance and quality of Regulatory Impact Analysis (RIA) implemented by federal regulatory agencies in the Energy and Natural Resources sectors, namely the National Electric Energy Agency (ANEEL), the National Agency of Petroleum, Natural Gas and Biofuels (ANP), the National Mining Agency (ANM), and the National Water and Basic Sanitation Agency (ANA). The central research problem guiding this work was: are regulatory agencies observing normative requirements in the implementation of RIAs? This investigation is part of the "Regulatory Governance, Institutions, and Justice" research line, seeking to understand RIA's role in the structural aspects of state decision-making processes and in shaping more transparent and responsible regulation. The theoretical framework adopted is based on the perspective of regulatory governance and instrumental rationality, which understands RIA as an essential instrument for transparency, accountability, and evidence-based decision-making within the Regulatory State, aiming to overcome discretion and arbitrariness. The methodology employed consisted of a quantitative documentary research of RIA reports, seeking to verify compliance with the requirements established by legislation and the substantive quality of the analyses performed. The results revealed a high degree of formal compliance with requirements, such as identifying the regulatory problem and considering regulatory alternatives. However, the research demonstrated a critical deficiency in the substantive quality of the reports, notably in the empirical basis of the analyses and the absence of implementation, monitoring, and review plans in a significant portion of the cases. Agencies such as ANP and ANM presented the lowest rates of empirical basis verification, while ANEEL stood out for the absence of implementation, monitoring, and review plans. These findings indicate that RIA is still at risk of becoming a "pro forma" instrument, disconnected from evidence-based decisionmaking rationality and results evaluation. It is concluded that the full effectiveness of RIA in Brazil depends on overcoming structural and cultural challenges, including strengthening the institutional capacity of regulatory agencies, revising the criteria for expedited procedures, and adopting simplified processes for less impactful actions, ensuring that the tool establishes itself as an effective mechanism for rationality, transparency, and accountability in regulatory governance.

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:10438/38162

Temas

InfraestruturaAdministração PúblicaGovernança

Palavras-chave

Governança RegulatóriaAIRRacionalidade decisóriaQualidade regulatóriaRegulatory governanceRegulatory Impact Analysis (RIA)Decision making rationalityRegulatory qualityAccountabilityDireitoGovernançaDireito regulatórioAgências reguladoras de atividades privadasResponsabilidade (Direito)