The new general law for regulatory agencies in Brazil – Law n.º 13.848/2019

Abstract

Since 1995, Brazil has undergone significant reform of its the public sector: first by establishing a management model and later by transferring the execution of some public services to the private sector. Currently, Brazil’s public sector does not act as a steward or provider, because its main function in today’s economy is operation, planning, and supervision. Furthermore, regulatory agencies, i.e. autarchies under special regime, were introduced into Brazilian law with the promulgation of General Law. n. 13.848, of June 25, 2019. Thusly, this article’s purpose is to analyze this law, resulting from the Federal Senate Bill n. 52, 2013. Based on the “State Reform for Citizenship”, this paper seeks to understand advances resulting from the approval of this law in regards to investments in Brazil. Moreover, this study utilizes a descriptive approach, with bibliographical review, which aim is the analysis of regulatory agencies’ characteristics and their relationship with stability and legal certainty. Finally, this paper concludes that by highlighting the advantages arising from the entry into force of this law, which specifies the action of regulatory agencies, an aspect that – added to the proper understanding of the Executive Power regarding the role of such agencies – will assist in Brazil’s development.