Regulatory Agencies and Public Policies

Constitutional landmark according to the social theory of regulation

Resumen

[Purpose] To analyze the reach of the Regulatory Agencies role over public policies development and execution, according to enacted Constitutional Amendment n. 109, of March 15, 2021.

[Methodology/approach/design] By analyzing the constitutional and legal framework concerning Brazilian public policies development and implementation, this work tried to evaluate the national Regulatory Agencies competency to develop and implement sectorial policies, justified by the social theory of regulation.

[Findings] Through this work, it is intended to orderly and justifiably structure the Regulatory Agencies competency at the public policies development.

[Practical implications] The findings of this work could be utilized as control mechanisms for the Regulatory Agencies.

[Originality/value] Although the concept of Public Policy broadly conceptualizes the act and decision-making process, mostly by the Legislative and Executive Powers, the ruling legal framework was recently modified by the Constitutional Amendment n. 109, delineating the direct and indirect Public Administration operation, including the Regulatory Agencies. Therefore, the relevance of studies that identify the Regulatory Agencies objective attributions on this theme is unequivocal.