A importância da participação das agências reguladoras como amicus curiae nos processos que envolvem ambientes regulados
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Data
2010-11
Orientador(res)
Ayoub, Luiz Roberto
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This paper proposes a reflection on a new role to be played by Regulatory Agencies in a democratic state, rethinking the tripartite theory developed by Montesquieu – the importance of their participation as Amicus Curiae in the proceedings that involve the regulated environment. The issue gains importance when one realizes that the decisions taken by regulators become the objects of litigation, generally initiated by class actions, that in upholding the principle of transparency of public acts and the interest of the community, sometimes just bumping into technical issues fundamental to the proper functioning of the regulated environment, and that, if modified, undermine the very provision of the service, consequently, consumers – in defense of which the action was instituted. It is the object of this work, therefore, propose a solution, or rather call attention to a solution for the problem put – because it is in the Brazilian legal system, but so little used.