Flying in Clear Skies: Technical Arguments Influencing ANAC Regulations

Marcello Fragano Baird, Ivan Filipe de Almeida Lopes Fernandes
2014 Brazilian Political Science Review  
Regulatory agencies possess the particularity of being controlled by non-elected politicians whose power is derived from delegations made by incumbent powers. There exists, however, a concern with the creation of institutional mechanisms that permit public participation, thus guaranteeing greater democratization and social control of the regulatory process. One of these participatory mechanisms is the public hearing, which was not given much attention by Brazilian literature on lobbying and
more » ... rest groups. This article seeks to contribute to fill this gap, focusing on the impact of interest groups acting upon the National Civil Aviation Agency, ANAC. Analyzing comments sent to the public hearings, we identified the commentators and the intensity of their participation, the impact of their efforts as measured by the rate of comment incorporation, and we explained why some comments are incorporated and others are not. We organized an original data base of the comments made at all ANAC public hearings between 2007 and May 2012. We analyzed 518 comments concerning 48 regulations. To test participant influence, we classified the comments by degree of technicality, economic or legal argument, authorship, and request for regulation. To understand the incorporation process, we used regression models through which we presented evidence that a comment's incorporation is directly related to its degree of technicality. Technical comments, which effectively subsidize the resolution, have a higher chance of being incorporated. Even more than corporate power or its force of participation, the technical quality proved to be the main factor for comment incorporation. The replication dataset can be found in bpsr.org.br/files/arquivos/Banco_Dados_Baird_Fernandes.html The authors would like to note their sincere appreciation to Mauro Calvin for his incredible support during the data collection. Any errors that may exist are the entire responsibility of the authors. 1 We should clarify that regulatory agencies often establish differences between the public consultations and the public hearings. The former provides the possibility of sending written contributions, whereas the latter refers to physical presence at the session. Differently from other hearings, ANAC does not distinguish between these two mechanisms. In this manner, we use the term public hearing to refer to the process of allowing general participation by the population through written comments, as well as the sessions requiring presence whose discourses were transcribed and used as input at the regulatory agency discussions. 2 ANAC, the only regulatory agency created during the presidential term of Luís Inácio Lula da Silva, was the last federal regulatory agency to be instituted. bpsr (2014) 8 (2) bpsr (2014) 8 (2)
doi:10.1590/1981-38212014000100012 fatcat:kl2hbcqva5dkpjwjaiupccrwxi