O papel das agências reguladoras na concretização do direito fundamental prestacional de forma difusa e concentrada sob o pálio de um novo direito administrativo : o caso da regulação de enrgia elétrica

Abstract

This dissertation defends the act of the Regulatory Agencies to achieve social or prestational fundamental rights in a diffuse and concentrated way. These agencies are based on the constitutional functions of the State and have as instruments for effecting control the Punitive Administrative Processes, the Terms of Conduct Adjustment, the Ombudsman and the Public Hearings. This work analyzes the history of Fundamental Rights, its typology and function, the forms and function of the State, the administrative reform of the State as strengthening the rule of fundamental rights, emphasizing the importance of the Ombudsman Office. As a case study we analyzed the Punitive Administrative Processes of an Electric Energy Concessionary to verify the role of the Special Autarchies and its instruments to implement the Human Rights, under a New Administrative Law that authorizes the manager to act in a ductile public space