Processo decisório e Políticas Públicas: uma análise sobre a mobilização do judiciário por atores políticos nos processos de elaboração e implementação de políticas regulatórias.

In a dialogue with the current studies regarding regulatory affairs, I aim to deepen the description of the use of mechanisms of public participation in the ANSS rulemaking process, highlighting the time frame in which those external agents can externalize their opinions concerning the agency’s proposal. The timeframe is a relevant factor in the present analysis as I explore, in the Brazilian reality, more specifically in the ANSS reality, a thesis developed in the United States which holds that Agencies use their administrative discretion (i.e strategically shortening or lengthening the public comment period) to mitigate political interference in the rulemaking process. This interpretation amounts to a relevant shift in the perspective of the current studies of mechanisms of participation in the Agency’s rulemaking process. Nowadays they are centered in the effectiveness and legitimacy of the process itself, while this thesis recognizes the power and discretion of the Agency and seeks to explore a context in which the Agency can be a biased agent and can manipulate its procedures to hinder external interferences in their propositions.