Post by xyz3700 on Feb 27, 2024 5:22:30 GMT -5
Focusing now on the regulatory issue, it is worth remembering the observation of the OECD Secretary General, José Angél Gurría: “The global financial and economic crisis revealed major failures in governance and regulation, which undermined trust in public and private institutions. Amid economic uncertainty, the establishment of a functional national regulatory framework for transparent and efficient markets is essential for restoring confidence and recovering growth”[ 1 ]. A topic, within the scope of regulation, that has been gaining importance lately lies in the need for regulatory agencies, before issuing a new normative act, to analyze the impact it will have: regulatory impact assessment (AIR). Even though bodies such as the OECD, the TCU and the National Competition and Regulation Forum (Fonacre) have AIR treaties, their acceptance by Brazilian regulatory agencies is timid.
However, developing this practice in Brazil means contributing to the increase in Brazilian growth. In order to understand RIA well, as well as its relevance for a transparent regulatory process, with broad public participation and adequate analysis of social, financial and environmental impacts, it is essential to understand: ( i) its basic concept; (ii) international references on the topic; (iii) the evolution of the issue verified in some Brazilian Chinese Malaysia Phone Number List regulatory agencies; and (iv) recent examples of regulatory practices. The first aspect, that is, the concept of RIA, will be addressed in this article. AIR and prior verification of regulatory proposals, aiming to assess the respective cost-benefit, who will be the beneficiary and who will bear the costs, as well as what the long-term distributive effects will be, taking into account, for this purpose, social impacts, economic, social criteria and environmental consequences of regulation.
Obviously, an RIA is not expected to be carried out for each and every normative act to be issued by a regulatory agency. But yes, it should be adopted whenever it is intended to regulate an issue that has repercussions on regulated agents, consumers and competition. The timing of carrying out an AIR may vary. Two examples follow: (i) in the case of a normative act, the intention of which is to establish a certain level of price control in relation to a certain economic activity, the RIA must occur before preparing the regulatory proposal, with a view to determining, in advance, whether new regulation is needed or just updating the current regulation; and (ii) assessment of the existence of market failure; proposing solutions; and the verification of efficiencies, require already formulated RIA, to be submitted to discussions and suggestions from regulated agents, before being transformed into a normative proposal.
However, developing this practice in Brazil means contributing to the increase in Brazilian growth. In order to understand RIA well, as well as its relevance for a transparent regulatory process, with broad public participation and adequate analysis of social, financial and environmental impacts, it is essential to understand: ( i) its basic concept; (ii) international references on the topic; (iii) the evolution of the issue verified in some Brazilian Chinese Malaysia Phone Number List regulatory agencies; and (iv) recent examples of regulatory practices. The first aspect, that is, the concept of RIA, will be addressed in this article. AIR and prior verification of regulatory proposals, aiming to assess the respective cost-benefit, who will be the beneficiary and who will bear the costs, as well as what the long-term distributive effects will be, taking into account, for this purpose, social impacts, economic, social criteria and environmental consequences of regulation.
Obviously, an RIA is not expected to be carried out for each and every normative act to be issued by a regulatory agency. But yes, it should be adopted whenever it is intended to regulate an issue that has repercussions on regulated agents, consumers and competition. The timing of carrying out an AIR may vary. Two examples follow: (i) in the case of a normative act, the intention of which is to establish a certain level of price control in relation to a certain economic activity, the RIA must occur before preparing the regulatory proposal, with a view to determining, in advance, whether new regulation is needed or just updating the current regulation; and (ii) assessment of the existence of market failure; proposing solutions; and the verification of efficiencies, require already formulated RIA, to be submitted to discussions and suggestions from regulated agents, before being transformed into a normative proposal.