Audiências públicas na ANEEL: uma análise histórica da participação dos consumidores desde a criação da agência

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Sampaio, Patrícia Regina Pinheiro
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The present study is the result of a doctrinal, jurisprudential, and empirical study regarding the effectiveness of public hearings within the National Electric Energy Agency, as a mechanism for consumer participation. Thus, the objective of this study is to investigate whether public hearings effectively fulfill their role as a mechanism for consumer participation in the decision-making process of the regulatory agency, allowing an inclusive, transparent, and informed decision-making process. For this purpose, were carried out doctrinal and conceptual investigations about the mechanism of public hearing, its importance, positive and negative aspects. Also, the concept of consumer in the electric sector and the legal theories about the subject were researched. Finally, an analysis was developed based on the historical data of the public hearings that took place at ANEEL between July 1998 and December 2016. Based on the analysis of the historical series of public hearings held at ANEEL, the research confirms that the mechanism does not seem to be able to include the parties involved and interested parties in the decision-making process, which means much more of a formal procedure required by law. Regarding consumers, in particular, it is concluded that public hearings have been ineffective in achieving their outcome of promoting inclusive, transparent and informed decision-making. Finally, the study suggests current and innovative mechanisms, especially technological ones, that can be used in the public hearing process in order to guarantee better results.

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