A regulação dos serviços públicos como um instrumento de (in) gerência na efetivação das políticas públicas

Abstract

Regulatory Agencies appear as a form of decentralization of the authoritarian state, and even as an escape from classical liberalism, with the responsibility for qualitative regulation of the essential services provided to the population. From this perspective, there is the state role in enabling the constitutional commands present in the legal standards for excellence, through, above all, social participation that should promote the guarantee and realization of the common goal, making use of directed and coherent policies with managers to achieve this. Once understood the functional scheme of the problem, it has been as an object of this article demonstrate the (in) management of regulatory agencies in the execution of public policies, through desk research analyzed under the deductive method, guided by the use of resources involving from the competent legislation to the use of articles of national and foreign doctrine, in order to demonstrate, as a result, the emergence of the Regulatory State and its functioning in the Brazilian scenario, passing on the analysis of existing democratic deficits, recognizing the presence of a crisis of legitimacy, which opens space for the making of misconceptions regarding the representation of the popular will, and, consequently, the viability of exellent public policies. Bringing the need for the present issue to be scientifically considered by Law, as well as for the current administrative structure to be observed regarding the scope of action of the Regulatory Agencies at the moment of the implementation of public policies, in view of the capacity to promote / supervise as long as it reviews the necessary points for a proactive action indispensable to the Democratic State of Law.