Editorial

ID: 12001

Authors: Deborah Moraes Zoauin.

Source: Revista de Administração Pública, v. 40, n. 4, p. 521-522, July-August, 2006. 2 page(s).

Document type: Editorial (Portuguese)

Regulation in Brazil: agency design and control forms

ID: 12002

Authors: Regina Silvia Pacheco.

Source: Revista de Administração Pública, v. 40, n. 4, p. 523-543, July-August, 2006. 21 page(s).

Keyword: Brazil , hierarchical control , political control , regulatory agencies , regulatory credibility

Document type: Article (Portuguese) Show Abstract

This article discusses the genesis of the regulatory agencies (RAs) in Brazil, the model modification proposals and the different forms of control over these new entities. During the RA creation process, between 1996 and 2002, the infrastructure sector model was improperly extended to the other agencies. This inadequacy was not corrected by the model reviews proposed to Congress by the new government. After comparing the American and the Brazilian contexts, the article retrieves from the American experience the differences between the forms of control: hierarchical, political, and social. In Brazil, in the discussion about the extent of AR autonomy the forms of control are confused, and very often what is called ‘political control’ is in fact hierarchical control, and ‘social control’ is a synonym for political control. The author believes that agency independence and political control are not antonymous, but hierarchical control and independence are. It is also wrong to confuse social control and political control. Agency creation under a single model and indistinction between control forms can be explained by the combination of characteristics of the Brazilian institutional-political system, with preferences and resistances by actors within the government, especially from the federal Executive branch.

Delegation and political control of the regulatory agencies in Brazil

ID: 12003

Authors: Fernanda Meirelles, Rafael Oliva.

Source: Revista de Administração Pública, v. 40, n. 4, p. 545-565, July-August, 2006. 21 page(s).

Keyword: accountability , delegation , political control , regulation , regulatory agency

Document type: Article (Portuguese) Show Abstract

This article systematizes the political control mechanisms provided by the institutional model originally conceived for the regulatory agencies in order to assess the political control mechanisms in the institutional framework of the Brazilian independent regulatory agencies (IRAs) and analyze the political control changes introduced by the law proposed by the government to Congress in April 12, 2004. After putting into context the debate on political control over the Brazilian IRAs, the article discusses the relationship between delegation and accountability. Then, so as to find a parameter for assessing the Brazilian regulatory agency model, it identifies the political control mechanisms used by the American experience. Finally, it assesses the current institutional situation of the Brazilian IRAs and comments on the contribution of the recent law proposal in relation to agency political control.

Regulatory agencies and federalism: the decentralized management of the energy sector regulation

ID: 12004

Authors: Cecília Olivieri.

Source: Revista de Administração Pública, v. 40, n. 4, p. 567-588, July-August, 2006. 22 page(s).

Keyword: decentralization , federalism , management , regulation , state agencies

Document type: Article (Portuguese) Show Abstract

This article explores the subject of the relationship between regulation and federalism, from the perspective of the decentralization of the regulatory activities in the electricity sector in Brazil. The article presents a descriptive assessment of the creation of the state and municipal agencies, underlining the large number of agencies created since 1997, and analyzes the main studies on this processes’ origin and characteristics. The dispute between the federal and state governments over the creation of the concept of decentralization of the regulatory and overseeing activities was central to the process of elaborating the act that created Aneel (the Brazilian electricity sector regulatory agency). The article shows the role that this dispute had when Aneel’s institutional design was being formatted and defends that it is one of the explaining factors for the genesis and governance of the Brazilian regulatory agencies, particularly in the electric power sector. It assesses the decentralized regulatory and overseeing activities in the power sector, and raises some issues on decentralization management, in relation both to the state agencies, responsible for the complementary regulatory activities, and the federal agencies, which coordinate these activities.

Comparative analysis of the normative design of former and current regulatory institutions

ID: 12005

Authors: Antonio Gelis Filho.

Source: Revista de Administração Pública, v. 40, n. 4, p. 589-613, July-August, 2006. 25 page(s).

Keyword: normative design , regulation , regulatory institutions , transparency

Document type: Article (Portuguese) Show Abstract

This article develops a matrix model to assess the normative design of past and current regulatory institutions (economic autarchies of the ‘populist’ republic). Normative design is defined as a set of possibilities for an institution’s structure and actions which is limited by the legal norms that created it. The model is structured based on two main parameters: independence in relation to the central power and transparency in relation to society. Five hypothesis were tested, and the conclusion was that current regulatory institutions have heterogeneous designs and they differ from the former ones for being both more independent  and more transparent, and the largest difference is in the second parameter.

The independent regulatory agencies and the Federal Court of Accounts: a jurisdictional conflict?

ID: 12006

Authors: Eduardo Granha Magalhães Gomes.

Source: Revista de Administração Pública, v. 40, n. 4, p. 615-630, July-August, 2006. 16 page(s).

Keyword: accountability , Federal Court of Accounts , independent regulatory agency , institution , performance audit , regulation , results management

Document type: Article (Portuguese) Show Abstract

This article analyzes the emergence of the independent regulatory agencies (IRAs) in Brazil and their specificities as to their institutional design. It also discusses the recent developments in the Federal Court of Accounts’ actions within the new public management context. IRAs were designed with emphasis on the features that give them political independence, considering the nature of their attributions and capabilities. On the other hand, the Federal Court of Accounts (FCA) has broadened its area of activities, assessing not only the formal aspects of the legality of procedures, but also the performance and the results of organisms and public institutions. The FCA is tracking and assessing the agencies’ performance. The article analyzes the interface between independence and  control, discussing possible institutional conflicts between regulatory agencies and the FCA.

Regulatory agencies and transparency: information availability from Aneel

ID: 12007

Authors: Otávio Prado.

Source: Revista de Administração Pública, v. 40, n. 4, p. 631-646, July-August, 2006. 16 page(s).

Keyword: accountability , information availability , regulatory agencies , transparency , websites

Document type: Article (Portuguese) Show Abstract

This article analyzes the transparency mechanisms of the Brazilian Electricity Regulatory Agency (Aneel), assessing the information available at its website. One can see that the agency has promoted the sector’s transparency as well as that of its own activities, by complying with the clauses of its management contract and by publishing documents and information about the electricity sector. Due to its focus on transparency, this article will not discuss the agency’s regulatory activities. Aneel was chosen as the empirical object of this article because it is one of the first independent regulatory agencies in Brazil, allowing not only a broader temporal analysis, but also a larger mass of documentation and information on its activities.

State institutions and regulation and support policies for the film industry in Brazil: the case of Ancine and Acinav

ID: 12008

Authors: Fabio Kobol Fornazari.

Source: Revista de Administração Pública, v. 40, n. 4, p. 647-677, July-August, 2006. 31 page(s).

Keyword: audiovisual industry , culture , film industry , public policies , regulatory agency , State reform

Document type: Article (Portuguese) Show Abstract

This article analyzes the regulation, overseeing and support policies for the audiovisual industry in Brazil, since the creation of the National Film Agency (Ancine). From the perspective of the recent changes in the institutional apparatus of the Brazilian state, the article studies the specificity of a regulatory agency created for this public policy sector. It analyzes the historical background of the relationship between state and film industry in Brazil, as well as the concrete results and strategical meaning of the agency’s actions, and compares regulatory institution models in other selected countries: Argentina, Mexico, France and UK. It also discusses the debate on the agency’s change of profile and scope, with its possible substitution by The National Film and Audiovisual Agency and the controversy this proposal raised in the cultural and film community. Finally, the article interprets what constitutes, in this Brazilian experience, the institutional apparatus that it calls ‘sectorial public policy articulation agency’.

Design and operation of the Brazilian regulatory agencies’ control and accountability mechanisms: similarities and differences

ID: 12009

Authors: Marcos Vinicius Pó, Fernando Luiz Abrucio.

Source: Revista de Administração Pública, v. 40, n. 4, p. 679-698, July-August, 2006. 20 page(s).

Keyword: accountability , bureaucracy control , regulation , regulatory agencies

Document type: Article (Portuguese) Show Abstract

This article studies the design and operation of the regulatory agencies’ control and accountability mechanisms, underlining their similarities and differences. Its observations open new investigation fronts for the explanation of the differences and similarities found, such as the influence of bureaucracy on the process and each sector’s historical and political context. The article analyzes the design determined by legislation for mechanisms that provide the regulatory agencies with more accountability, such as the ombudsman department, public consultations and councils, and assesses the indicators of their effectiveness, in order to verify if the apparent institutional uniformity of the agencies corresponds to the uniformity of procedures and results. Finally, it points out some of the impacts of the regulatory agencies’ institutional model on the accountability of the Brazilian state.

Gestão da cadeia de suprimentos integrada à tecnologia da informação

ID: 12010

Authors: Gleim Dias de Souza, Maria do Socorro M.V. de Carvalho, Manuel Alejandro Martínez Liboreiro.

Source: Revista de Administração Pública, v. 40, n. 4, p. 699-729, July-August, 2006. 31 page(s).

Document type: Article (Portuguese)

Relatório final de atividades do Fórum de Discussão Permanente de Políticas de Esporte

ID: 12011

Authors: Deborah Moraes Zoauin, José Antônio Barros Alves, Octavio Penna Pieranti.

Source: Revista de Administração Pública, v. 40, n. 4, p. 731-738, July-August, 2006. 8 page(s).

Document type: Article (Portuguese)

Intermediação política, transparência decisória e atendimentos preferenciais

ID: 12012

Authors: Jorge Vianna Monteiro.

Source: Revista de Administração Pública, v. 40, n. 4, p. 741-750, July-August, 2006. 10 page(s).

Document type: Article (Portuguese)