Rulemaking function of regulatory agencies: a new type of administrative law?

The technological and economic reality can not be explained entirely in standards; are basically dependent on the social and economic reality of the moment. Should be taken into account both the past and the reasons prospective effect. Beyond these considerations, there are many technical terms used in the standards of economic nature, many with great vagueness, and that, therefore, require some discretion on the case. Join the need for periodic regulatory reforms, notably in economic activities which include market fluctuations and many technological components this article examines these issues from the dogmatic point of view of the competence of regulatory agencies to issue regulations rules that address new phase of administrative law.

Public law; Administrative law; Brazilian administrative organization; Regulatory commissions; Rulemaking function


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