The role of regulatory agencies in the provision of public services by private entities within the context of the regulatory state

Abstract

This article examines the importance of the role played by regulatory agencies regarding the provision of public services by private entities, in light of the new function assumed by the State following the promulgation of the 1988 Constitution. This context gave rise to the need for a "regulatory state" to oversee, incentivize, and plan essential activities transferred to the private sector. The aim was to ensure that such delegated public services were delivered with quality, thereby upholding the principles governing the economic order—as mandated by Article 170 of the Federal Constitution—and, above all, consistently serving the public interest. Broadly speaking, the study explores the context that necessitated the creation of regulatory agencies—which are responsible for the aforementioned roles—and addresses key concepts, operational difficulties faced by these bodies, and the challenges involved in making their activities efficient enough to achieve their founding objectives. The research was conducted through a literature review, drawing upon legal doctrine, scientific articles, and both constitutional and infra-constitutional legislation.