Estado administrativo brasileiro e seus desafios: a questão dos arranjos institucionais de políticas públicas na implementação de direitos fundamentais

Abstract

One of the challenges found by regulatory agencies as elements of a Brazilian Administrative State is the problem of the democratic legitimacy. In this bias, the objective is to analyze the process of construction of a Brazilian regulatory identity, highlighting the imperfections in the designs and behaviors of these institutions that could question of their democratic character through the issue of regulatory capture and the way in which this institute prevents the establishment of a genuinely Brazilian Administrative State. So far will be verified how, based on the analysis of the process of implementation of public policies, focusing on the Política Nacional de Medicamentos, some mechanisms (accountability, transparency, impartiality and deliberation) are incorporated into their institutional arrangements to consolidate fundamental rights and to reverse the aforementioned problem. Its time frame will be from the years 2000 to nowadays, on which were observed the emergence and the development of the activities of the regulatory agencies in Brazil. Finally, its methodology will be based on empirical and doctrinal research, from which the behavior of such institutions will be analyzed qualitatively.