Banca de QUALIFICAÇÃO: Elisa Vieira Leonel

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Elisa Vieira Leonel
DATE: 02/12/2023
TIME: 10:00
LOCAL: IPOL
TITLE:

Regulatory pluralism and responsive regulatory culture at Anatel:
mechanisms and practices in the protection of telecommunications consumer rights.

KEY WORDS:

National Telecommunications Agency; Responsive Regulation; Consumer
Protection.

PAGES: 170
BIG AREA: Ciências Humanas
AREA: Ciência Política
SUMMARY:

The work seeks to discuss the implementation of regulatory governance anchored on pluralist
theories of regulation, especially the Responsive Regulation Theory of Ayres and Braithwaite
(1992), based on the case study on consumer protection in telecommunications. The National
Telecommunications Agency, along with other regulatory agencies in Brazil, is engaged in an
important debate about the effectiveness of its regulatory instruments rooted in the command
and control perspective, which have largely proven ineffective in their objectives of shaping
the behavior of regulated companies, leading to a legitimacy crisis in the performance of those
agencies. In this context, pilot projects for responsive regulation were implemented by Anatel
to test concepts of responsive regulation, which could lead to a review of the institutional
framework for monitoring, control and inspection of regulatory obligations by Anatel, known
within the Agency as regulatory inspection. Our research sought to discuss the implementation,
on a pilot basis, of responsive regulation in consumer protection, focusing on the processes of
regulatory oversight of undue charges of telecommunications services, particularly value-added
services; and the responsive process of unwanted calls (telemarketing). Drawing from the
literature on responsive regulation, we used the categories of analysis to evaluate the responsive
pyramid, the organization of arenas for discussing processes and the publicity of strategic
information. We added the evaluation of cooperation, commitment and coordination
mechanisms to these categories, believing that the effectiveness of public policies is, to a large
extent, related to building trust among the agents who participate or are impacted by them. In
order to make the research operational, we carried out document analysis and semi-structured
interviews with key executives of the telecommunications companies involved, with
representatives of civil society who are members of the National Consumer Protection System
and with the Anatel team that worked on the processes. Our findings suggest that responsive
regulation at Anatel can be negatively impacted by the absence of effective mechanisms for the
participation and coordination of interested third parties. The experimental nature contributes
to the observed immaturity in stakeholder relationships. However, we believe that there is still
room for a more robust procedural approach that promotes dialogue and trust between
stakeholders.

COMMITTEE MEMBERS:
Interno - 1708548 - DENILSON BANDEIRA COELHO
Externa ao Programa - 1535625 - LAURA SCHERTEL FERREIRA MENDES - nullPresidente - 1929118 - PABLO HOLMES CHAVES
Interno - 1164666 - PAULO CARLOS DU PIN CALMON