Revista de Direito Setorial e Regulatório (Oct 2024)
Limites e Critérios de Proporcionalidade para Elaboração de AIR: a situação brasileira
Abstract
[Purpose] The article addresses the issue of limits and proportionality criteria for carrying out Regulatory Impact Análysis, a practice widely used in developed countries. It seeks to identify how to adapt elements of international experience (models) to restrictions or deficiencies in installed capacity in Brazil, as well as the perception of regulators regarding the topic. [Methodology/approach/design] This is qualitative research made use of bibliographical research, documentary research and interviews. [Findings] It was found that, despite its potential to generate great benefits for the country's regulatory and competitive environment, as pointed out in the literature, evidence from interviews with regulators demonstrated that there was no consensus on the need for its adoption in the country. It is also observed that there is a great diversity of models adopted which, in general, result from the characteristics of the country and its institutional capabilities. [Practical implications] Therefore, in addition to the need to seek to disseminate the advantages of adopting a model for the country, further discussion is needed on the characteristics of the model to be adopted, as well as related topics, such as regulatory costs of the country's different economic sectors and data governance, both topics that seem to be neglected in the country. [Originality/value] By elucidating important characteristics of the Brazilian reality related to regulation in the country, the article fills an important gap. It still stands out for its practical nature, whose findings, once resolved or minimized, have great potential to boost the country's economy.
