Banca de DEFESA: MARIANA ROCHA SOUSA SEVERINO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : MARIANA ROCHA SOUSA SEVERINO
DATA : 28/09/2017
HORA: 20:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

Regulatory Agencies and consumer law: limits and challenges of the need for State action in the context of consumer relations

PALAVRAS-CHAVES:

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

PÁGINAS: 156
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. Thus, the general objective of this study is the regulatory
agencies in the context of the Brazilian state model, the specific objectives are the analysis of
the functions attributed to these entities, the impact of their actions in a broad context and in
the specific sectors that are linked, the lack of need to limit its autonomy, to observe the
interrelationship of the issue with consumer law, to analyze the possibility of creating the
National Consumer Agency (ANC), to consider the limits and challenges of state action in the
context of consumer relations, hampered by the expansion of e-commerce and the new profile
of consumption.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. Since the understanding of the interrelationship with consumer law, it
will be observed the possibility of applying Law No. 8.078 / 1990 (Consumer's Protection
Code), seeking to generate greater security, protection, quality and efficiency of the provision
of public services, either by the government or by the concessionaires and permission holders.
When examining the institution of ANC as an alternative to balance the relationships between
users and services providers, it was concluded that this is not the most viable way to deal with
this necessity, 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:
Presidente - 1149575 - IVAN LIRA DE CARVALHO
Externo ao Programa - 1254860 - FABRICIO GERMANO ALVES
Externo à Instituição - MARCUS VINICIUS FERNANDES ANDRADE DA SILVA - UNI-RN