Article
English
ID: <
oai:doaj.org/article:13c6c64f7b20458b91eff6f6485ae604>
Abstract
Propósito – The complexity of factors permeating the institutionalisation of administrative mediation within the National Electrical Energy Agency (ANEEL). Methodology/approach/design – An expositive and comparative approach has been used, based on an analysis of ANEEL’s organisational structure and rules relating to its administrative mediation activity, as well as other theoretical concepts and data that permeate this activity, in addition to the theory of responsible regulation. Results – It is concluded that there is a need for institutionalised administrative mediation in ANEEL, as a means of avoiding the judicialisation of conflicts between the many regulated actors, as well as by making use of a practice that favours the use of responsible regulation by the Agency, by prioritising dialogue in the resolution of disputes, before the imposition of regulatory sanctions. Practical implications – The benefits of administrative mediation are given to broadening the dialogue between the regulatory body and the regulated actors, to the scale of the regulatory punitive process and to the peace of conflicts. Originality/relevance of the text – This article is part of a specific regulatory niche, the Administrative Mediation conducted by ANEEL, a field of knowledge rarely exploited by other research, which contributes to the legal discussion of this issue.