Recursos administrativos na ANEEL decisões e proposta de jurisprudência

Abstract

This dissertation presents the different forms of petition, in the administrative level, available to utilities, consumers and their representative entities in order to assure their rights in relation to acts and decisions adopted by the regulator. Specific procedures to be followed by petitioners and the regulator are presented and commented for each one of the four types of petition: recurso administrativo, pedido de reconsideração, pedido de efeito suspensivo e pedido de invalidação. The central focus of this document, nevertheless, is to show the results of a research about the decisions taken by ANEEL’s Board of Directors related to the petitions judged in the first seven years of the Agency existence – 1998 a 2004. The research focus in detail the years 2001 to 2004, where near 90% of the decisions are concentrated, and tries to identify the issues that generated great number of petitions and reiterated decisions in order to propose the formation of an administrative jurisprudence for the electric sector, regulated by ANEEL. Formation of jurisprudence has the merit to facilitate the directors’ work, because they will not have to search for the motivation to fundament the decision and this will improve the time of response in the decision process. Additionally, jurisprudence will give to utilities and consumers a better understanding of process and legal restrictions, as well they will know the way of reasoning of the last administrative instance, permitting them to evaluate the risks involved in a specific demand. Besides indicating a set of decisions that can be converted into jurisprudence, this dissertation provides, also, important contributions for ANEEL, pointing the necessity of revising or complementing some Agency´s resolutions, that due to lack of clarity, are one of the factors leading to petitions; and suggesting improvements in the procedures, aiming to achieve a better understanding of the process by all parts involved and a reduction both in the number of petitions and the time required to analyze them.