Regulatory agencies and courts: interactions between administration and justice

• Autor(a) principal: Silva, Jeovan Assis da
• Data de Publicação: 2020
• Outros Autores: Guimarães, Tomas Aquino
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Cadernos EBAPE.BR
• Texto Completo: https://periodicos.fgv.br/cadernosebape/article/view/81806
• topic: Regulatory agencies. Courts. Judicial Review. Judicial Deference. Administration of Justice.; Agencias reguladoras. Tribunales. Revisión judicial. Deferencia judicial. Administración de la justicia.; Agências reguladoras. Tribunais. Revisão judicial. Deferência judicial. Administração da Justiça.

The interrelationships between regulatory agencies and judicial courts generally have a high impact on social relations. However, there is little empirical research and a need for greater systematization of knowledge from a multidisciplinary perspective. This essay discusses the main tensions between the executive and judicial branches of government in decisions about the regulatory activity. The discussion is facilitated through the main theoretical lenses and previous studies on the application to the phenomena. The relationship between agencies and courts is marked by divisions, and the institutional approach to the regulatory space and reflections stimulated by law and economics theory, among other theoretical approaches, are very useful for interpreting institutional tensions in this relationship. The literature on judicial review of regulatory agency decisions points to factors that explain judicial deference or motivate a more prominent role of courts, as well as on topics related to: a) court involvement with technical and scientific issues; b) efficiency and performance; c) calculated behaviors; d) transaction costs; and e) cost-benefit analysis. A research agenda is suggested to explore the perceptions of key players about regulatory disputes, and factors and conditions that explain judicial deference in different contexts.