As agências reguladoras no cenário brasileiro :os mecanismos de proteção do consumidor considerados os respectivos efeitos sociais e ambientais

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

In the contemporary society, law appears as an instrument able to solve the perplexity created by the complex relationships involved. The social role of legal institutions wins raise the extent that the concerns of purely individualistic stamp are restricted to times gone. Observing how the economy will behave towards the Law and the State, we see that there is mutual influence. The state entities and companies that perform activities of social interest affect the community. In Brazil, as the example of other countries, regulatory agencies appear with the transference to private initiative of certain services until then affected to the State. Then there is a need to organize economic aspects, controlling, in a way, and in some degree, the behavior of economic agents, avoiding recognized social interests to be harmed. The Regulatory Agencies work in sectors which are essential to economy and society. All forms of regulation have impacts on the regulated units. To realize satisfactory the functions for which they were intended, the regulators must have autonomy towards the other powers of the Republic. The issue is sensitive, since the purpose of the Regulatory Agencies is not only to balance the market, focusing on its planning and promotion. The relationship is complex: regulatory agencies, economic agents and consumers. Consumers must have more effective participation in decisions of the Regulatory Agencies, to give them democratic legitimacy, issue of such importance for the protection of fundamental rights and citizenship. Regulating activities of such importance, the agents of regulation should ensure the conservation of the environment.The harmful action or inaction affecting the Regulatory Agencies under its tasks creates responsibility, specially when consumers and users of public services are involved. In this universe we can not forget the consumer. It is, apparently, the weakest link. That s the reason of the concern to put the consumer in the role of prominence it deserves, so that he will not be unjustly relegated, becoming victim of a system that has been done to protect, and not to ignore the weakest.

ASSUNTO(S)

direito - dissertações consumer protection agências reguladoras de atividades privadas direito administrative law independent regulatory commissions direito administrativo law defesa do consumidor - legislação

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