Banca de QUALIFICAÇÃO: MARIANA ROCHA SOUSA SEVERINO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : MARIANA ROCHA SOUSA SEVERINO
DATA : 11/09/2017
HORA: 09:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

As Agências Reguladoras e o Direito do Consumidor: limites e desafios da necessidade de atuação estatal no âmbito das relações de consumo

PALAVRAS-CHAVES:

Regulatory Agencies. Economic Order. Regulatory State. Vulnerability. Consumer Law.

PÁGINAS: 157
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The present research aims to analyze the Regulatory Agencies within the framework of the Brazilian Regulatory State model, through the study of this new state structure's development, in the midst of the need to establish a new Economic Order. With the rise of the Regulatory State, the State takes on the role of intervener in the economy, revalorizing market forces, stimulating free initiative and free competition, supervising, planning, regulating and sanctioning economic agents, with the possibility of acting in the economic domain, assuming an agent role in the economy, guaranteeing the minimum subsistence conditions to the population. Amidst of the regulatory context, the State creates Regulatory Agencies,as autarchies with enhanced autonomy, aiming to carry out regulatory activities in the specific sectors to which they were destined. In order to carry out this study, the methodology used will be the inductive method, through indirect research, with the accomplishment of a bibliographical review of the doctrine and constitutional and infraconstitutional legislation, through the historical and comparative procedure. Based on art. 170 of the Brazilian Federal Constitution, which establishes the principles of the Economic Order, it will be observed the emergence of the Regulating State and the plans on the way of acting, through intervention upon and in the economic domain. The activities of the Regulatory Agencies will be observed through the functions attributed to these bodies, analyzing the obstacles about the Agencies' performance, in the midst of the situations that put their democratic legitimacy in question regarding the popular participation in these sectors, concurrently with other difficulties of action, through analysis of the various protected interests. It will be performed a brief focus on the activities carried out by the Federal Regulatory Agencies, as well as a way of verifying the aspects that most hinder the exercise of their functions. Continuating the study, the interrelation of this issue with consumer law will be carried out, in the context of the provision of public services through direct remuneration, either by the government itself or by the concessionaires and permission holders. The approach of these issues aims to find the balance in the relationships between service providers and users, with the possibility of applying Law No. 8.078 / 1990 (Consumer's Protection Code), seeking to generate greater security, protection, quality and efficiency in the services provided. In this aspect, the performance of regulatory agencies will be analyzed as a way of balancing relations, which are recognized as unbalanced as a result of the vulnerability of consumers-users, intensified by the new profile of consumption carried out in the electronic way. To this end, the possibility of setting up the National Consumer Agency (ANC) will be observed, concluding that this is not the most viable way to deal with the need to balance consumer relations, being suggested as an alternative a greater inspection and sanctioning rigor by the existing Agencies on the involved sectors, in conjunction with Bill No. 52/2013, which involves the creation of the General Law on Regulatory Agencies and Bill No. 281/2012, which introduces to the Consumer's Protection Code the protection in the scope of electronic commerce, which, finalized the procedures, will become safer, more prudent and effective alternatives to generate greater protection in the relations dealt here.

MEMBROS DA BANCA:
Externo ao Programa - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1149575 - IVAN LIRA DE CARVALHO
Interno - 1753603 - PATRICIA BORBA VILAR GUIMARAES