Archives

  • Revista de Direito Setorial e Regulatório / Journal of Law and Regulation
    Vol. 10 No. 2 (2024)

    We are pleased to present a new issue of the University of Brasilia Journal of Law and Regulation (JLR), in which we are delighted to include articles on enforced self-regulation in the interoperability between financial market infrastructure, the Madeira River environmental license regulation and Neil Gunningham's theory of smart regulation, regulatory oversight systems and their potential contributions to regulation in Brazil, a criminological and regulatory view of the Madoff fraud, proportionality and threshold tests for RIA in the Brazilian context, an analysis of the Supreme Federal Court’s rulings on ADIs No. 5,549 and No. 6,270 regarding the authorization regime, and the use of administrative sanctions and terms of commitment as enforcement tools by the CVM.

  • Revista de Direito Setorial e Regulatório / Journal of Law and Regulation
    Vol. 10 No. 1 (2024)

    We are pleased to present a new issue of the University of Brasilia Journal of Law and Regulation (JLR), in which we are delighted to include articles on developmental theory in the creation of state sanitation companies, the legitimacy of regulation from the perspective of Jürgen Habermas and José Pedro Galvão de Sousa, regulation through litigation, smart airport regulation, personal data protection in the National Health Data Network, and Mineral Code constitutional interpretation.

  • Revista de Direito Setorial e Regulatório / Journal of Law and Regulation
    Vol. 9 No. 2 (2023)

    We are pleased to present a new issue of the University of Brasilia Journal of Law and Regulation (JLR), in which we are delighted to include articles on responsive regulation of private security implemented by the Federal Police, digital platforms regulation, risk-based artificial intelligence regulation, drugs entry pricing, mutability in concession agreements, trademark law and regulation, regulatory sandbox in the prosecutors innovation labs, decision-making autonomy of federal regulatory agencies, and regulation by contract and rulemaking. 

  • Revista de Direito Setorial e Regulatório / Journal of Law and Regulation
    Vol. 9 No. 1 (2023)

    Dear Reader,

     

    We take great pleasure in introducing this special edition of the Journal of Sectorial and Regulatory Law, which is the culmination of the endeavors of the National Study Group on Basic Sanitation Law (GESANE). The fundamental aim behind the creation of this group is to generate and disseminate erudition in the realm of basic sanitation, while also facilitating a liaison between academia and industry experts operating in various domains such as Administration, regulatory authorities, oversight agencies, Judiciary, public, and private service providers.

    The activities of GESANE commenced soon after the enactment of Law 14.026/2020, which brought about profound changes to Law 11.445/2007, and established a necessary reform in the sector, with the primary objective of achieving the universalization of services, ensuring access to potable water for 99% of the population, and providing adequate sewage collection and treatment for 90%. This objective is essential and ambitious, given that, as per the SNIS data of 2021, 15.8% of the Brazilian population lacked access to water, and an impressive 44.2% lacked adequate sanitary sewage disposal.

    To facilitate the achievement of the universalization goal, the lawmaker delegated regulatory powers concerning basic sanitation to the National Water Agency, promoted regionalized service provision, formalized existing relationships, and introduced competitive selection of new service providers, among other noteworthy changes. However, these changes are merely the beginning and not the end, and they persistently occur (as seen, for instance, in the recent Decrees No. 11.466 and 11.467/2023), which poses continuous challenges for academia, sectoral economic agents, and norm interpreters.

    The articles compiled in this publication are the outcome of research conducted by the members of the group. They serve as a valuable resource for the ongoing discussion surrounding the intricate landscape of basic sanitation, its principal hurdles, and opportunities. The articles are categorized into the following sections:

    • Sectorial reform;
    • Institutional arrangements;
    • Service regulation aspects;
    • Financial considerations;
    • Service regionalization;
    • Challenges posed in the new millennium..

    It is evident that achieving universal access to water and sewage is a lengthy and difficult process. The accomplishment of this objective will undoubtedly necessitate the mobilization of all legal operators' creative abilities. We express gratitude to all Gesane members who played an active role in creating this special edition. Our expectation is that the published works will inspire readers to engage in the crucial advancement of basic sanitation in the country.

    We hope you enjoy reading it.

  • Revista de Direito Setorial e Regulatório / Journal of Law and Regulation
    Vol. 8 No. 2 (2022)

    We are pleased to present a new issue of the University of Brasilia Journal of Law and Regulation (JLR), in which we are delighted to include articles on responsive regulation in Personal Mobile Service infrastructure sharing contracts, mergers and acquisitions in the higher education sector in Brazil, challenges on regulating Big Techs, regulation strategies in double taxation agreements and treaties, responsiveness in the new railway regulatory framework in Brazil, cachaça responsive regulation.

  • Revista de Direito Setorial e Regulatório / Journal of Law and Regulation
    Vol. 8 No. 1 (2022)

    We are pleased to present a new issue of the University of Brasilia Journal of Law and Regulation (JLR), in which we are delighted to include articles on private exercise of public functions, responsiveness at the hydrographic basin of Ribeirao Piriripau, civil and administrative liability on regulatory choice during the Covid-19 pandemia, digital content piracy in telecommunications networks, responsive monitoring of largest taxpayers, management of independent workers in national ports in Brazil, responsive design in the coexistence tests between telecommunications services for the introduction of 4G and 5G mobile in Brazil, and Brazilian personal data protection self-regulation experience from the viewpoint of responsive regulation.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 7 No. 2 (2021)

    A new issue of the University of Brasilia Journal of Law and Regulation (JLR) has been published, in which we are delighted to include articles on mining dams safety, the new legal framework for basic sanitation in Brazil, regulation of new technologies, regulation focused on scientific and technological development, the administrative procedural theory of regulation shortfalls in the supplementary health sector, standstill of the audiovisual sector’s fostering after 2018, open banking regulatory strategy in Brazil, the legality of the Due Diligence of Integrity of PETROBRAS based on multi-level governance, the nature of the tax rule in light of collective action, and regulatory conflict between TCU and ANTAQ.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 7 No. 1 (2021)

    We are pleased to present a new issue of the University of Brasilia Journal of Law and Regulation (JLR), in which we are delighted to include articles on fracking regulation in Colombia, regulatory agencies and public policies from the vantage of social theory of regulation, authorization of public broadcasting services, regulatory lookback and result-based regulation, incentives and regulatory responsiveness on the shared use of power poles, responsive regulation at the Brazilian bar association, ANTT’s road concession regulation and responsive regulation, and the Pró-Ética accreditation and regulatory compliance.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 6 No. 2 (2020)

    In this issue, we are delighted to include articles on civil aviation procedural regulation, the regulatory and the entrepreneurial states in the Brazilian case of Eletrobras energy concession, personal data protection in light of responsive regulation theory, mineral regulation in Brazil, noncompliance in the port sector in Brazil, VAT enforcement in light of behavioral economics and responsive regulation.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 6 No. 1 (2020)

    In this issue, we are delighted to include articles on legal architecture of public integrity programs, limits to the Federal Court of Accounts control over independent agencies, responsiveness and networked governance in mining dam safety regulation, regulation on new markets and innovation, management-based regulation of the integrity program in the Federal District of Brazil, freight transport railway regulation, regulation of the lobby in Brazil, and homeschooling models of regulation.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 5 No. 2 (2019)

    In this issue, we are delighted to include articles on responsive regulation applied to water crisis, regulation of the stock market, regulation of the mining sector in Brazil, railroad regulation challenges, limits to the Federal Court of Accounts control over independent agencies, and the application of the administrative theory of regulation in Brazil.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 5 No. 1 (2019)

    In this issue, we are delighted to include articles on public compliance and the Office of the Comptroller General in Brazil, regulatory metalanguage and the Regulatory State, higher education regulation, contract extension in the regulation of land transport, dosimetry of fines in passenger road transport, regulatory function of contracts, partisan political interference on independent agencies, and responsive regulation applied to the financial system cybersecurity policy.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 4 No. 2 (2018)

    In this issue, we are delighted to include articles on regulation of genetically modified organisms (GMOs), Hydrographic Basin Committees, water regulation, regulation of civil aviation, partnership legal regime of social organizations, regulation of the government acquisition process, hydrological risk regulation, and regulation of fishing.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 4 No. 1 (2018)

    In this issue, we are delighted to include articles on health law, money laundering, judicial compliance rules, juridical nature of the merger of shares, Internet regulatory intervention, regulatory agencies, checked baggage regulation, constitutional framework of regulation, fiscal austerity and policy agenda setting, deliberative regulation, public authority delegation, algorithmic regulation, judicial deference in the GSF Factor Case, including an opening article that addresses the question whether regulation should be submitted to the will of the majority.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 3 No. 2 (2017)

    In the first session, the articles reflect the choice of this journal in using the classic literature on analysis of public policies and by framing a discussion with cases in Brazil. The first article correlates some topics in law theory and policy analysis. The second highlights public policies to combat corruption. The third article deals with cooperativism and apply the agenda setting to clarify the main question for this policy. The next article focuses on the understanding of the role of environmental licensing as a tool for public policies, and the last article discusses the importance of the participation in the formulation phase of public policies. The second session gathers cases that pinpoint different topics in the regulatory theory. Thus the first article applies a responsive theory of regulation as its theoretical framework and examines the case of AirBnB. The next article delves into the internet regulation and the following article analysis the global regulation of international intellectual property and examines the cases of the European Union and Brazil. The last three articles focus on the competition law and responsive regulation, ad hoc decisions of the Administrative Council of Economic Defense, and the subject of environment through the lenses of public policies and regulation theories.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 3 No. 1 (2017)

    In this issue, we are delighted to include articles on deregulation, market and government failures, systems theory, responsive regulation, separation of powers, regulatory principles, public interest regulation, privacy, enforcement and metalinguistics of regulation. From those perspectives, several issues and phenomena have been tackled, such as the Uber app, drones employment, health insurance design, metadata retention, corruption in public owned companies and civil aviation regulation of electronic devices.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 2 No. 2 (2016)

    In this issue, we are delighted to include articles on regulatory power and judicial independence, microcredit regulation, regulation of indigenous issues, drugs, public policies for the wind sector, regulation of genetically modified seeds, social security regulation, regulation of law courses, gun control, right to build and the public interest regulation, right to housing, theories of regulation on par with concepts such as the modernity of liberation and the Administrative State.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 2 No. 1 (2016)

    In this issue, we are delighted to include articles on legal analysis applied to the regulation of telecommunications services, European privatizations in light of the public choice theory, water regulation, e-commerce self-regulation, regulatory responsiveness in broadcasting, antitrust in the port sector, port leasing, land transportation, Internet regulation, drug price control, entrepreneurial state, energy arbitration tools, consolidation of the regulatory framework, zero rating and net neutrality.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 1 No. 2 (2015)

    In this issue, we are delighted to include articles on water regulation, civil aviation nationalist regulatory restrictions, jurimetrics on price regulation, regulatory economic rationality in Brazil’s antitrust regulation, intervention of the controlling shareholder in electricity distribution, dispute settlement on land transportation, net neutrality, national models of regulation in a comparative perspective, and big data algorithmic regulation.

  • Journal of Law and Regulation / Revista de Direito Setorial e Regulatório
    Vol. 1 No. 1 (2015)

    In this issue the journal publishes a number of original articles. We are delighted to include articles on generic top-level domain disputes, broadcast preponderant agent regulation, leniency antitrust program regulation, net neutrality, right to be forgotten in cyberspace, right to psychological integrity in workplace, cigarette tasters regulation, theory of regulation v. separation of powers, port concession regulatory model, tax regulatory process, and regulation of agricultural commodities futures market.