O termo de ajustamento de conduta como instrumento de efetividade da regulação da Agência Nacional de Energia Elétrica (ANEEL)

Sampaio, Patrícia Regina Pinheiro
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According to data from the Federal Court of Audit (TCU) which indicates that between 2009 and 2013 the National Electric Energy Agency (ANEEL) earned only 32.7% of administrative fines, we started to wonder what would the possible hypotheses that could have influenced in this percentage. The TCU appointed some hypotheses, among them: pending administrative appeals, pending legal appeals, failure in the Informative of Unpaid Credits of the Federal Public Sector System (CADIN) and the celebration of the Conduct Adjustment Agreements. This work focused the analysis only in the last hypothesis, given the importance of this institute has gained over the past years. To test the above hypothesis, we conducted a survey in the Virtual Library of ANEEL and we have analyzed the decisions of the agency's board of directors that judged the celebration of Conduct Adjustment Agreements between 2011 until April 2015, aiming to identify the extent to which these agreements impact on reduction of the amount of fines.

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