Our partner, Sonia Agel, participated in an article by Bnamericas about the concern of associations from various sectors of the economy with the proposed conditions in Provisional Measure 1,154/2023 (MP), which aims to change the law that created regulatory agencies, such as the oil and gas and electric energy regulators, ANP and Aneel.
She warns that “the proposed change would empty the regulatory agencies, which currently have highly knowledgeable technical teams that regulate different sectors without interference from the executive branch.”
On the subject, she argues that the intervention in the functioning of regulatory agencies, as the proposal contained in Provisional Measure 1,154/2023 seems to want, constitutes an unquestionable setback in the Brazilian State Reform, implemented in the mid-1990s, which aimed to transform the country into a regulatory state rather than an entrepreneurial state, like the more advanced countries.
Among different changes in various sectors of the economy, the autonomy of regulatory agencies has achieved excellent results, as it has not only avoided political interference in eminently technical areas but also successfully attracted countless national and foreign investors, with easily visible results in the production of oil and gas, energy, health, transportation, and in many other economic sectors, as well as currently in investments in renewable energy.
The approval of this Provisional Measure would be a blow to the various sectors of the economy because, in addition to violating legal security, it will certainly discourage new investments, contributing to the emptying of regulatory agencies, which currently have highly skilled technical teams to regulate sectors without interference from the executive branch.
It is important to be aware of the proposed changes to ensure that regulated sectors continue to be monitored efficiently and impartially. Access the full article through the link: https://www.bnamericas.com/en/news/brazil-energy-industry-associations-concerned-about-bill-on-regulatory-agencies