A atuação das agências reguladoras e os compromissos governamentais assumidos na política nacional das relações de consumo: a função mediadora da ANAC (Agência Nacional de Aviação Civil) na redução da vulnerabilidade do consumidor

Abstract

The need for consumer protection arose with the urgency of achieving national development, forming an egalitarian and prosperous society, even within the capitalist economic system, which in the so-called liquid modernity is shown to be more unequal, with consumption guided by the increasing and volatile seduction and no longer by normative regulation. The consumer protection norms in the social state of rights with the aim of ensuring material equality in consumer relations that are structurally unbalanced in nature. The services that were previously provided directly by the public authorities started to be provided by private agents, with the State becoming the regulatory entity based on the duty of consumer protection, and the effectiveness of fundamental rights reinforces the need to protect individuals against the performance of the State and against the performance of economic groups. Thus, the role of regulatory agencies in fulfilling the governamental commitments assumed in the National Consumer Relations Policy (PNRC), which must intervene in the market to protect the most vulnerable party, the user of the public service or consumer, arises. However, the performance of these regulatory agencies has called into question such assumed commitments, in spite of propagating the discourse to the contrary, claiming that they do so to improve the public service granted to the private sector. It is, therefore, precisely because of the need to guarantee the universality and quality of services provided by the private sector, that regulatory agencies must act to protect consumers, in order to avoid the deprivation of their freedom of consumption as a result of the economic insecurity that it is related to the absence of democratic rights and freedoms. Otherwise, the triumph of globalized capitalism will be propagated over consumers who will be supplanted by the power of financial markets and consumer markets, to the detriment of the rules that govern the PNRC. ANAC (National Civil Aviation Agency) is included in the list of these regulatory agencies (Law No. 11,182/2005), and its performance is discussed in relation to the government commitments assumed in the PNRC regarding the regulation of public services provided by companies aerial. The general objective of this dissertation is to analyze whether the Brazilian State, through ANAC, has been fulfilling the commitments assumed in the PNRC before public service concessionaires, mainly in their role of mediating conflicts between the economic interests of airlines and the information society. consumers. To achieve this goal and seek answers to the questions raised elsewhere, the dissertation will be developed primarily through the deductive method with consultation of national and foreign doctrinal material and the jurisprudence that is formed on the subject of the performance of regulatory agencies in consumer protection, starting from from a general analysis of regulatory agencies to a specific analysis in relation to ANAC. It was concluded that ANAC is still far from fulfilling the commitments assumed at the PNRC, mainly in its mediating role in conflicts between the economic interests of airlines and the consumer society, the adoption of collective consumer guardianships being a good way to achieve this, especially in the extrajudicial área (multi-door system provided for in the Code of Civil Procedure).