O PODER NORMATIVO DAS AGÊNCIAS REGULADORAS BRASILEIRAS: UMA ANÁLISE DA ADI 4.874/DF A PARTIR DA TEORIA DA DEFERÊNCIA DE ADRIAN VERMEULE

Abstract

This article aims to discuss how the Brazilian Judiciary, especially the Supremo Tribunal Federal, sees the issue of the normative power of regulatory agencies in the judgement of ADI 4.874. At first, we study, based on Schmitt's work, the process of erosion of the classical paradigm of political liberalism. Afterwards, we will analyze Vermeule's thesis about the abnegation of law, which corresponds to the perspective of a greater deference of the judicial instances to the decisions of the Public Administration. Finally, we will approach the construction of the managerial state model in Brazil and the judgment of ADI nº 4.874, which discussed the normative power of regulatory agencies.