The benefit of overweight fines on highways for the regulated party and the need for the ANTT to observe the Theory of Responsive Regulation

Resumen

[Purpose] This study will address the application of the penalty of fines by the National Land Transport Agency (ANTT) for overweight violations on highways, highlighting the recurring choice of regulated parties to engage in irregular practices despite the possibility of sanctions. In this context, the issue will be analyzed in light of the Theory of Responsive Regulation and the recent ruling by the Superior Court of Justice in Repetitive Theme No. 1,104. In this decision, the Court established the thesis that the "right to safe traffic, as well as the notorious and unequivocal material and moral collective damages resulting from the repeated circulation of overweight vehicles on highways, justify the imposition of injunctive relief and the civil liability of the infringing party." Based on the Theory of Responsive Regulation, and specifically through the adoption of an active dialogue between the regulator and the regulated, this study aims to demonstrate the necessity of regulatory adjustments to align with the current context, ensuring both the effectiveness of administrative enforcement measures and the long-term preservation of highways.

[Methodology/approach/design] The proposed article will be developed through a literature review, providing a detailed presentation of the Theory of Responsive Regulation, highlighting its main characteristics, and exploring its feasibility for implementation by ANTT.

[Findings] The study aims to demonstrate that adopting the mechanisms developed and elucidated by the Theory of Responsive Regulation within ANTT, specifically regarding overweight violations, can enhance the efficiency of the dialogue between the regulator and the regulated party and improve the overall regulatory environment.

[Practical implications] The findings of this study may contribute to the enrichment of the regulatory environment by encouraging the broader adoption of the mechanisms and principles proposed by the Theory of Responsive Regulation.