Reflexões sobre governança regulatória e autoridades independentes frente ao mercado agropecuário brasileiro

Abstract

This study seeks to discuss the possibility of increasing regulatory quality in the agricultural sector through the introduction of regulatory governance mechanisms, in particular the Regulatory Impact Analysis (RIA) methodology. Regulatory governance is present in order to have more efficient rules from the correction of market failures. It is the transformation of a development-oriented paradigm to be postulated in the Ministry of Agriculture, Livestock and Supply (MAPA) to the detriment of the old top-down regulatory power, which were traditionally produced for years. The main regulatory governance instrument is the RIA methodology, mandatory after the Economic Freedom Law instituted in 2019. It can be understood as a decision-making tool that seeks greater legitimacy and efficiency when producing the standard. This instrument, added to other regulatory governance instruments, has the potential to increase regulatory quality for the agricultural sector. To achieve the proposed objective, the study consolidates the idea of agricultural economic regulation from economic foundations. After presenting the evolution and the current situation of state interventions in the referred agricultural market, it is concluded that this recent paradigm of normative power of MAPA turns towards a more consensual public administration and with more efficient norms. It also presents arguments that the regulatory quality is more vigorous from the separation of agricultural regulation from the political body, from the creation of an autonomous and independent entity of regulation and inspection.