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OECD Reviews of Regulatory Reform OECD Reviews of Regulatory Reform: Brazil 2008: Strengthening Governance for Growth (Edition complète ‐ ISBN 9789264042940 ‐ en angl. seulement)

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The debate on a market‐based economy has now entered a new phase in Brazil, addressing the broader context of quality regulation and the reduction of regulatory risk. The improved macroeconomic situation and the progress made by the sectoral regulatory agencies have paid off, and there is also wider social participation in the improvement of the regulatory framework with a stronger consumer engagement. But Brazil still needs to further improve its capacities for regulatory quality and increase transparency and accountability in the system to reinforce regulatory performance.

This review analyses the challenges of strengthening regulatory governance in Brazil to improve economic growth, with appropriate regulatory frameworks for core infrastructure sectors. Improved institutional capacities would also enhance support for regulatory policy across various government areas. Setting up an appropriate architecture for sectoral regulatory agencies and balancing autonomy with accountability will contribute to improved governance. Challenges include consolidating the autonomy and status of Brazilian regulatory authorities, reinforcing the strategic organisation for planning and decision making, increasing social accountability mechanisms, and improving co‐ordination with competition authorities. Regulatory reform will help Brazil boost growth opportunities, and improve the quality and value of core services provided to its citizens.

Brazil requested this broad review by the OECD of its regulatory practices and reforms. The review presents a general picture of the overall frameworks to assure high quality regulation with a special focus on four core infrastructure sectors: power, private health insurance, land transport and telecommunications. 



Executive Summary

Introduction

PART I

Chapter 1. Overall Regulatory Framework

‐The National Setting for Regulatory Reform

‐Drivers of Regulatory Reform: National Policies and Institutions

‐Administrative Capacities for Making New Regulations

‐Dynamic Change: Keeping Regulations Up to Date

Annex 1.A1. Regulatory Agencies and Oversight Bodies

PART II. CURRENT TRENDS AND REGULATORY FRAMEWORKS IN SELECtED SECTORS

Chapter 2. The Power Sector

‐Introduction

‐Market and Policy Background

‐Key Features and Peformance of Brazil's Power Sector

‐Annex 2. A1. Regulatory Authorities in the Energy Sector

Chapter 3. The Private Health Insurance Sector

‐Introduction

‐Private Health Insurance Market Imperfections and the Need for Regulation

‐The PHI Sector in Brazil in Perspective

‐The Institutions and Regulatory Framework

‐Annex 3.A1. Regulatory Authorities in the Private Health Insurance Sector

Chapter 4. The Telecommunications Sector

‐Overview

‐The International Dimension from a Global Perspective

‐The Pathway of Transition in Brazil

‐Brazilian Market Trends from a Global Perspective

‐Institutional and Regulatory Aspects

Chapter 5. The Land Transport Sector

‐Introduction

‐Railway

‐Roads

‐Passenger Transport

‐The Regulatory Framework after 2001

‐Annex 5.A1. Regulatory Frameworks for Transport

PART III. REGULATORY GOVERNANCE IN SELECTED SECTORS

Chapter 6. Independence and Accountability of Regulatory Authorities

‐Institutional Aspects

‐Balancing Independence with Accountability

‐The System for Appeals and Relationships with the Judiciary

‐Human and Financial Resources

‐Policy Implications

Annex 6.A1. Institutional Aspects of Regulatory Authorities

Chapter 7. Horizontal Institutional Architecture

‐Issues Relating to Transversal Architecture by Function or by Sector

‐Coordination with Other Agencies

‐Policy Implications

‐Annex 7.A1. Sectoral Responsibilities and Missions of Regulatory Authorities

Chapter 8. Powers for Higher Quality Regulation

‐Powers of the Regualtory Authorities Concerned

‐The Powers of Brazilian Regulators from an Overall Perspective

‐Maximising the Quality of Regulatory Power

‐Implications for Public Action

‐Annex 8.A1. Powers of Regulatory Authorities

Chapter 9. Assessing the Performance of Regulatory Authorities

‐Assessing the Performance on the Basis of Achievements

‐The Various Dimensions of Evaluation

‐Current Auditing and Assessment Practices in Brazil

‐Implications for Public Action

Conclusions and Recommendations

‐Towards Improved Governance for Growth

‐Policy Options for Consideration
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Document Type: Review Article

Publication date: 01 May 2008

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