Natureza jurídica do poder normativo das agências reguladoras: uma análise à luz dos princípios constitucionais da legalidade e da separação de poderes.

Abstract

The allocation of legislative powers to regulatory agencies is critical for the performance of the regulatory role assigned to them. However, a great stir revolves around what should be attributed to such legal standards that are appropriate in the current system constitutional patriotism. Thus, through literature search and a deductive analysis will address the main theories that seek to define the legal nature of standards issued by the agencies as well as adapt them to current legal and constitutional patriotism. Accordingly, once considered in the light of the Principles of Legality and the Separation of Powers and found that they are compatible with those principles, is set for a study of the theories developed by publicists patriotic about the legal nature that they should be assigned. Among the major theories that attempt to explain the nature of the legal rules issued by agencies stand out deslegalizacao thesis, the thesis of the nature and regulatory infrastructure, regulatory nature of the thesis, the latter being the best that can justify the legal nature of standards issued agencies, to give them the nature of regulations, adapting them to the legal constitutional patriotism.