O poder normativo das Agências Reguladoras Federais nos Tribunais Superiores

• Autor(a) principal: Tonelli, Luciano
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/31847
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Agências Reguladoras; Poder normativo; Poder regulamentar; Supremo Tribunal Federal; Superior Tribunal de Justiça; Regulatory Agencies; Normative power; Regulatory power; Federal Supreme Court; Superior Court of Justice

This study aimed to analyze the doctrinaire conceptualization of the normative power of regulatory agencies and the understanding of the Superior Courts on the subject. To do so, it was used a methodology divided into two parts: the first part was carried out from a bibliographical analysis of the theme, from general works of administrative law to monographic works and specific articles on regulatory agencies. The second part of the research consisted of the analysis of the Federal Supreme Court and the Superior Court of Justice decisions that dealt with the regulatory power of regulatory agencies, from pre-selected search engines used in the case law repositories of the respective courts. The hypothesis proposed prior to the execution of this work was that the Federal Supreme Court and the Superior Court of Justice understand the normative power of regulatory agencies in an expansive manner, preserving the contested acts, despite the fact that these possibly have a truly general and abstract character, thus representing an exception to the principle of legality. The results obtained after the research partially proved the hypothesis, with respect to the behavior of the Superior Courts when asked to manifest on this theme, and the hypothesis was incorrect as to the understanding of an exception to the principle of legality, as demonstrated by the results of the doctrinal research