As agências reguladoras e o direito do consumidor: limites e desafios da necessidade de atuação estatal no âmbito das relações de consumo
The present research aims to analyze the Regulatory Agencies within the framework of the Brazilian Regulatory State model, through the study of this new state structure's development, in the midst of the need to establish a new Economic Order. With the rise of the Regulatory State, the State...
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| Formato: | Dissertação |
| Idioma: | por |
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/24454 |
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| Resumo: | The present research aims to analyze the Regulatory Agencies within the framework of the
Brazilian Regulatory State model, through the study of this new state structure's development,
in the midst of the need to establish a new Economic Order. With the rise of the Regulatory
State, the State takes on the role of intervener in the economy, revalorizing market forces,
stimulating free initiative and free competition, supervising, planning, regulating and
sanctioning economic agents, with the possibility of acting in the economic domain, assuming
an agent role in the economy, guaranteeing the minimum subsistence conditions to the
population. Amidst of the regulatory context, the State creates Regulatory Agencies,as
autarchies with enhanced autonomy, aiming to carry out regulatory activities in the specific
sectors to which they were destined. Thus, the general objective of this study is the regulatory
agencies in the context of the Brazilian state model, the specific objectives are the analysis of
the functions attributed to these entities, the impact of their actions in a broad context and in
the specific sectors that are linked, the lack of need to limit its autonomy, to observe the
interrelationship of the issue with consumer law, to analyze the possibility of creating the
National Consumer Agency (ANC), to consider the limits and challenges of state action in the
context of consumer relations, hampered by the expansion of e-commerce and the new profile
of consumption.In order to carry out this study, the methodology used will be the inductive
method, through indirect research, with the accomplishment of a bibliographical review of the
doctrine and constitutional and infraconstitutional legislation, through the historical and
comparative procedure. Since the understanding of the interrelationship with consumer law, it
will be observed the possibility of applying Law No. 8.078/1990 (Consumer's Protection Code),
seeking to generate greater security, protection, quality and efficiency of the provision of public
services, either by the government or by the concessionaires and permission holders. When
examining the institution of ANC as an alternative to balance the relationships between users
and services providers, it was concluded that this is not the most viable way to deal with this
necessity, being suggested as an alternative a greater inspection and sanctioning rigor by the
existing agencies on the involved sectors, in conjunction with Bill No. 52/2013, which involves
the creation of the General Law on Regulatory Agencies and Bill No. 281/2012, which
introduces to the Consumer's Protection Code the protection in the scope of electronic
commerce, which, finalized the procedures, will become safer, more prudent and effective
alternatives to generate greater protection in the relations dealt here. |
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