Instituições de independência das agências reguladoras de serviços públicos e o desenvolvimento

Abstract

The following study proposes an analysis of the institutions adopted by Brazilian legislationin the 1990s to guaranty the independence of the regulatory agencies of public services. Thisanalysis is going to be based on the constitutional objective of national development and theconceptual frameworks presented by the New Institutional Economics, whose premise is thatinstitutions are effectively capable of affecting development. The hypothesis presented is thatthe application of these institutions in Brazil has demonstrated, over time, severalnonproductive incentives to the development, and that this scenario has not yet generatedrelevant reforms for the improvement of these institutions. That is, the hypothesis is that theseinstitutions have remained in path-dependency, marked by the persistence of failedmechanisms that do not produce incentives for development. This hypothesis will beevaluated from the process of establishment and development of the institutions ofindependence in the Agência Nacional de Telecomunicações - ANATEL and AgênciaNacional de Energia Elétrica ANEEL and from the analysis of the incentives generated overtime from the established legal constrictions. Based on this evaluation, the hypothesispresented will be proven or refuted and there will be presented possible new perspectives onthe institutional design of the Brazilian public service regulatory agencies, based on the searchfor positive incentives for national development .