A irradiação da tese jurídica fixada em IRDR sobre a qualidade de serviços públicos regulado

Abstract

Stablishing a new approach that ensures social rights are guaranteed equally to everyone by virtue of thesis statements issued by the court’s general power of management, the interim of resolution of repetitive claims, as part of a binding precedents microsystem, expands its effects on the performance of regulated public services via the § 2˚ of art. 985 of civil procedures rule book. However, the legal text is not clear enough so as to clearly identify all of the implications it may impart on the agenda of regulatory agencies. Indeed, jurists have not yet come to agreement as to whether or not the thesis statement is binding to the agency’s procedures. In this undefined state of the art, how can justice system ensure the quality of regulated public services? In order to answer such a question, the herein reported assay was undertaken employing hypothetic-deductive and hermeneutic phenomenology methods applied to findings of legislative process examinations, historical documents analyses, scientific literature reviews, and case studies. This study reveals that the thesis statement issued with the framework of interim of resolution of repetitive claims is legally binding to regulatory agencies activities either directly or via the court of finances and accounting. Besides it may also work as an interesting tool to elude regulatory capture attempts of agencies by outside unethical political and market influences.