Transparência e Efetividade em Políticas Públicas e Regulatórias: Uma análise conceitual para o fortalecimento da Governança e da Accountability

This article addresses the recurring ambiguity in the use of the concepts of transparency and effectiveness in the field of Law and public and regulatory policies, a problem that undermines the assessment of state performance and the enforcement of accountability. The main objective is to overcome this gap through a rigorous conceptual analysis, arguing that clarity in the definition and operationalization of these terms is a precondition for strengthening democratic governance. The adopted methodology is based on the framework of Gary Goertz, deconstructing the concepts into their constitutive dimensions and exploring their structural logics. The results demonstrate that substantive transparency requires not only access but also clarity and inferability of information, while real effectiveness transcends the mere achievement of targets to encompass problem-solving and equity. The research further reveals that the relationship between these concepts and accountability is not automatic, being mediated by power dynamics and the risk of instrumentalization, such as "performative transparency." It is concluded that a robust conceptual framework is a critical tool for Public Law and policy design, essential for ensuring that these principles translate into tangible improvements and for resisting their rhetorical co-optation.