A judicialização das políticas públicas de telecomunicações e as demandas dos consumidores: o impacto da ação judicial

• Autor(a) principal: Aguiar, Alexandre Kehrig Veronese
• Data de Publicação: 2011
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/15467
• topic: Judicial intervention; Regulatory policies; Privatization; Intervenção judicial; Políticas regulatórias; Privatização; CNPQ::CIENCIAS HUMANAS::SOCIOLOGIA

The hypothesis is that the judicial intervention turns out a possibility of regulatory changes, and amendments. Such hypothesis is deciphered with the telecommunications contemporary case, in Brazil. The first chapter describes the privatization and the formation of a new business context. It focuses the building of a new legal subsystem and regulations. The second chapter shows the way by some legal academics emerged in order to make it easy the junction between the new business sector and the regulatory agencies. The third chapter depicts the institutional construction of the Brazilian regulatory agencies, as well the issues related to them. The fourth chapter reviews the theoretical debate about the judicialization, specially the judicialization of public policies. It also describes the constitutional injunctions filled aiming to stop the privatization proccess. The fifth chapter details the judicial reaction of the consumers, which afterwards granted the alteration of some regulations by the top of the judicial system. But such insurgence emerged from the bottom small claim courts. The last chapter focuses on the Express Justice Counter Project that was created as an alternative to the small claims courts. It is stated in the final considerations that the Responsive Law characteristics appeared in the Brazilian legal system. The model designed by Nonet & Selzick can be viewed due to overture of the judicial system to social claims. Such openness was more important that some overestimated administrative solutions as public consultations and hearings.