Capture and Regulatory Complexity: The Challenge of the Brazilian Union Between Technical Autonomy and Regulation.
This article investigates various types of regulatory capture in Brazil, developing theory (both classical and contemporary) and describing how political, economic, cognitive, and institutional elements shape the behavior of regulatory agencies. Based on the analysis perspectives of ANEEL, ANTT, ANATEL, and ANS, capture goes beyond being an isolated event and is rooted in the systemic nature of institutional fragility, budgetary dependence, market concentration, and informational asymmetry. It is evident that the formal autonomy of these institutions is often strained by interference from the executive branch, pressure from the regulated sector, and internal technical limitations. From this perspective, the research highlights underlying obstacles to regulatory governance and outlines corrective measures that emphasize improving transparency, enhancing technical capabilities, social participation, and administrative shielding. It concludes that the consolidation of a regulatory model oriented toward the public interest requires profound and continuous institutional reforms.
Capture and Regulatory Complexity: The Challenge of the Brazilian Union Between Technical Autonomy and Regulation.
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DOI: https://doi.org/10.22533/at.ed.2165132529122
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Palavras-chave: Regulatory capture; Regulatory agencies; Public governance; Institutional autonomy.
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Keywords: Regulatory capture; Regulatory agencies; Public governance; Institutional autonomy.
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Abstract:
This article investigates various types of regulatory capture in Brazil, developing theory (both classical and contemporary) and describing how political, economic, cognitive, and institutional elements shape the behavior of regulatory agencies. Based on the analysis perspectives of ANEEL, ANTT, ANATEL, and ANS, capture goes beyond being an isolated event and is rooted in the systemic nature of institutional fragility, budgetary dependence, market concentration, and informational asymmetry. It is evident that the formal autonomy of these institutions is often strained by interference from the executive branch, pressure from the regulated sector, and internal technical limitations. From this perspective, the research highlights underlying obstacles to regulatory governance and outlines corrective measures that emphasize improving transparency, enhancing technical capabilities, social participation, and administrative shielding. It concludes that the consolidation of a regulatory model oriented toward the public interest requires profound and continuous institutional reforms.
- Antônio Rosevaldo Ferreira da Silva
