At this moment when the legal function of regulating agencies in Brazil has become a hot topic, the power / duty that current law has granted to agencies deserves reflection.

Assuming that all power derives from the constitutional power, the Brazilian constitutional structure has always set forth that the executive branch is entitled to sanction, promulgate and publish laws, and to regulate them for proper execution (Section 84, item IV of the Brazilian Constitution). Hence, the President has exclusive power to decree regulation aiming at detailing the law within its strict limits.

The agencies’ regulating power is a result of the delegation of attributions by the legislative and executive branches, allowing the agencies to act dynamically with a view to attend to the needs of the society.

Sources:   Excerpt of book: The Regulating Agencies and the
Date of insertion:   17/03/2003 - 18:45:30