Participation in water resources management as a public interest regulation strategy: An analysis of the Hydrographic Basin Committees considering the administrative process theory of regulation

Abstract

Purpose ”“ This study aims to analyze whether the institutional design of the Hydrographic Basin Committees provided for in the Law nº 9.433/1998 favors the implementation of a public interest regulation.

Methodology/approach/design ”“ Committees are observed under the lens of Croley's administrative process theory of regulation. They are objects of analysis the rules that insert them into the water management system and provide on their internal dynamics of functioning, as well as institutional reports and academic productions on the practice of participation in these bodies.

Findings ”“ It is verified that the participation through the Committees favors public interested regulation, since it allows the consideration of users and civil society’s interests in the decision-making process, hindering the regulatory capture.

Practical implications ”“ The results of this paper indicate measures to improve the Committees’ work, such as capacity building, clarity of attributions, guarantees of decisions’ implementation, strengthening control over representatives. They also indicate the need for complementary instruments of participation.

Originality/value ”“ The paper fills a gap in the study of the rules and context of the Committees’ functioning, from a view of the administrative process of regulation.