The role of regulatory agencies in the protection of consumer rights

Abstract

In the 1990s, the Brazilian State transferring economic activities, until then under the aegis of the public sector, to the private sector. In this context, regulatory agencies emerged in Brazil. We begin with a brief history of the creation of regulatory agencies, with emphasis on the American model. Continue with an approach about the reasons that led to its structuring in Brazil to then analyze nuances of the General Law of Regulatory Agencies at the federal level, always from the perspective of the protection of consumerist rights. We bring examples, such as the electricity sector, to demonstrate that, even in a pandemic period, the “maintenance of balance” in consumer relations when it comes to tariffs, tends to one side. Address the recent regulation of the sanitation sector, reflecting on the need to expand services, however, without this falling into the consumer's pocket. Seek to carefully analyze whether the regulatory activity of the State has mirrored the aspirations of the community or has favored economic and political sectors. Finally, we consider that the harmonization of interests and the observance of constitutional dictates regarding consumer rights are essential for the Brazilian regulatory model to meet the ends for which it is intended.