Civil Aviation Council and the Administrative Process Theory of Regulation

Abstract

Purpose ”“ The article analyzes the decision-making process of the Brazilian Civil Aviation Council from the perspective of the Administrative Process Theory of Regulation.

Methodology/approach/design ”“ The methodology will compare the empirical basis of Brazilian Civil Aviation Council’s regulatory action, between 2014 and 2019, and the procedural assumptions of the Administrative Process Theory of Regulation. It aims to identify the similarities, differences and omissions between practice and regulatory theory.

Findings ”“ From the comparison, the model currently adopted by the Brazilian Civil Aviation Council does not meet the characteristics expected by the Administrative Process Theory of Regulation. The model has low predictability and transparency in the decision-making process, as well as little interaction and rare opportunities for criticism and adjustment of the proposal.

Practical implications ”“ The regulatory process carried out by the Brazilian Civil Aviation Council should be improved to incorporate greater objectivity, predictability and transparency, in order to provide greater publicity and efficiency, in compliance with the constitutional principles of public administration, as well as to improve the institutional environment with external control bodies and the judiciary.

Originality/value ”“ The originality of the article lies in the unprecedented analysis and comparison between the procedural-administrative theory of regulation and the regulatory practice of the Brazilian Civil Aviation Council. Its relevance lies in the possibility of improving the decision-making process in the civil aviation sector based on regulatory theory.