O PAPEL DAS AGÊNCIAS REGULADORAS NA AFIRMAÇÃO DOS DIREITOS DO CONSUMIDOR

Abstract

Regulatory agencies were created as an innovation in the brazilian judicial system, particularly in 90´s on the 20th century. Their function was to uphold contracts codifying and enforcing rules and regulations and imposing supervision or oversight for the benefit of the public at large, the main target was the concession, permission or authorization contracts of public services and property. The creation of these regulatory agencies happened concomitantly to the reform of the State of Brazil initiated, specially, in 1994, this reform was an attempt to implement administrative management that would surpass limited expertise and bureaucratic procedures of the organs responsible for this area. They represent innovation in the way the brazilian institution is set up, as well as in the traditional configuration of the State since this institutions exercise autonomous authority even though this ones are placed inside of the conventional bureaucratic structure. In other words the regulator have complete autonomy and cannot be exonerated or fired by the chief of the executive nor is obliged follow orders or opinions from the executive branch. Beyond that, its regulating power, that works as a guideline to be followed by the economic agencies, constitutes normative force of intriguing consequences for the national juridical system. The National Telecommunications Agency (Anatel) is studied in profound detail so that from its true form we can understand how the other regulatory agencies work. Also we study the historical evolution of the consumer including its American counterpart, that is the cradle of the Consumer Law. The connection between consumers and regulatory bodies is done through the studying of the mechanisms of protection that are given and through the interaction of the other organs that act in its defence. From this point emerge the analysis of its effectiveness.