A separação de poderes e o processo de institucionalização das agências reguladoras de telecomunicações nos EUA e no Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This dissertation analyses the way in which separation of powers and checks and balances have influenced the process of institutionalization of telecommunication regulation in the USA and in Brazil, leading to the creation of the American Federal Communications Commission (FCC) and the Brazilian Agência Nacional de Telecomunicações (Anatel). As the experience of the railway sector was paramount to the institutional framework of telephony regulation, the paper begins by evaluating that sector and describing the process which lead to the institutionalization of the Interstate Commerce Commission (ICC). It is followed by a description of the process of institutionalization of the FCC, as well as the events leading to the reframing of that agency by the Telecommunications Act of 1996. Then, the Brazilian experience is focused by the description of the long road of operational and normative centralization by the Federal Government leading to the monopoly of telecommunications established by the Constitution of 1988. Finally, the essay describes the process of institutional which resulted in the creation of Anatel in 1997 and evaluates the consolidation of its characteristics up to nowadays. The description purports to emphasize the regulatory problems brought especially by the sector of telephony and to confront them with the search of institutional solutions that could uphold the implementation of telecommunication public policies in the paradigm countries. When evaluating the search of institutional solutions, the relations among the three powers and among federal entities are identified. At last, based on the aforementioned experience of the telecommunication sector, the paper reaches a conclusion about the implications between the characteristics of the institutionalization of the present regulatory agencies and the principle of separation of powers, referring to the process of conformation of those characteristics vis-à-vis the role as institutional guarantee played by that principle.

ASSUNTO(S)

federal communications commission freios e contrapesos independent regulatory agency anatel agência nacional de telecomunicações separation of powers separação de poderes state regulatory commission interstate commerce commission direito publico checks and balances comissão reguladora estadual independent commission federal radio commission brasil public utilities commission agência reguladora independente comissão independente usa eua brazil

ACESSO AO ARTIGO

Documentos Relacionados