TRIBUNAIS DE CONTAS E O CONTROLE DAS AGÊNCIAS REGULADORAS: UM DIÁLOGO POSSÍVEL PARA O FORTALECIMENTO DA JUSTIÇA ADMINISTRATIVA À LUZ DA LEI FEDERAL Nº 13.848/2019

• Autor(a) principal: Willeman, Flávio de Araújo
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da EMERJ (Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/498
• topic: controle; agências reguladoras; tribunal de contas; lei federal nº 13848/2019; regulação cooperativa; control; independent regulator agencies; courts of accounts; federal law 13848/2019; cooperative regulation

The supervenience of the Federal Law n. 13.848, edited on the 29th June, 2019, establishing rules about the administration, the organization, the process of the decision making and also about the social control of the Independent Regulatory Agencies in Brazil opens the opportunity to review the debates about the boundaries of the accountability assumed by the Courts of Accounts in the subject, in order to strengthen the bases of an institutional dialogue and the administrative justice.The matter assumes importance specially due to the clause in Article 14 of the above mentioned statute, which expressly admits that the Regulatory Agencies are subject to the control of the Courts of Accounts, stressing, therefore, the need for setting the limits and outlines by which that control is to be exercised. It is also important to highlight that the Federal Law n. 13.848/2019 has innovated when it stablishes, generically, in Articles 34 and 35, the “cooperative regulatory relation” between the federal independent agencies and those subnationals ones, comprehending the delegation of relevant assignments, including the authority to impose sanctions. This circumstance challenges not only the constitutionality of the clauses, but also the competence of the Courts of Accounts to the external control, given that there is no express normative mention to it in the Federal Law n. 13.848/2019.