Os precedentes administrativos e a Agência Nacional de Energia Elétrica

Abstract

The present work aims to analyze the role of administrative precedents within the scope of the Brazilian Electricity Regulatory Agency (ANEEL), highlighting their importance for predictability and legal certainty in regulatory decisions. The research investigates how the adoption of administrative precedents can contribute to the consistency of ANEEL's decisions, creating a more stable and reliable regulatory environment for agents in the electricity sector. Initially, the study addresses the historical evolution of precedents, comparing the common law model with the Brazilian legal system and highlighting the differences between judicial and administrative precedents. Based on Law No. 13.655/2018, which amended the Law of Introduction to the Brazilian Rules of Law (LINDB), the analysis emphasizes the need for uniformity in administrative decisions to promote regulatory efficiency. The work also explores ANEEL's decision-making structure, focusing on the role of the Board of Directors and the formation of administrative jurisprudence through repeated decisions. Practical cases, such as the declaration of forfeiture of concessions in the transmission sector and the application of sanctions, are analyzed through the lens of precedents, demonstrating how the repetition of similar decisions strengthens a safe and predictable regulatory environment. Finally, it is concluded that the adoption of administrative precedents by ANEEL plays a crucial role in developing a more efficient regulatory system, limiting the discretion of public administration and providing greater legal certainty to regulated agents. The research suggests that, although the culture of administrative precedents in Brazil is still in its early stages, ANEEL has shown significant advances in consolidating it, benefiting both public administration and regulated agents.