Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame?
Yes, in some ministries/regulatory agencies only
For example, the Waterways Transportation Regulatory Agency has developed a Regulatory Agenda for 2016-2017.
Are these plans available to general public?
Yes
Website of each agency.
Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment?
Yes, in some ministries/regulatory agencies only
Regulatory Agencies submit their proposals for public consultation.
Where is the draft text or summary published?
On the website of the relevant ministry or regulator.
Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment?
Yes, in some ministries/regulatory agencies only
Regulatory agencies are commonly obliged to conduct public consultation prior to the drafting of their normative acts.
It depends on the specific law that creates the Regulatory Agency. For example, article 42 of the Brazilian Telecommunications Law states that the Telecommunications Regulatory Agency - ANATEL shall publish for public consultation any drafts of normative acts in the Official Gazette of the Union.
Is the entire text of the proposed draft published?
Yes, in some ministries/regulatory agencies only
The text of the proposal is made available in full for public consultation.
Is there a period of time set by law for the text of the proposed regulations to be publicly available?
No
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Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public?
Yes, in some ministries/regulatory agencies only
How are the comments received?
On the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business association...
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On the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups.
Each Agency manages its own website. The website: http://www.brasil.gov.br/consultas-publicas, provides a consolidated description of agencies that conduct public consultations.
Are received comments publicly accessible?
Yes, in some ministries/regulatory agencies only
Agencies publish the comments and opinions together with other relevant documents in their own website.
Is the rulemaking body required by law to solicit these comments on proposed regulations?
Yes
It depends on the law that regulates each Agency. For example, the National Telecommunications Agency's creation law.
Is there a specialized government body or department tasked with soliciting and receiving these comments?
No
Do ministries or regulatory agencies report on the results of the consultation on proposed regulations?
Yes, in some ministries/regulatory agencies only
All the answers and justifications are available in each Agency's website.
How does the government report on the results of the consultation?
Other
Each Agency prepares responses that may be general or specific. All contributions are published in their websites.
Where does the government report on the results of the consultation?
On the website of the relevant ministry or regulator; directly distributed through public meetings.
Is reporting on the results of the consultation required by law?
No
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Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations?
Yes, in some ministries/regulatory agencies only
There is a pending bill aiming to turn the Regulatory Impact Assesment as a mandatory procedure for all Agencies. However, currently only some Agencies make such analysis.
Are there criteria used for determining which proposed regulations are subjected to an impact assessment?
No
Are there any specific regulatory impact assessment guidelines?
No
Are impact assessments required by law?
Yes
For tax laws: Fiscal Responsibility Law (LRF - Supplementary Law n°101, dated May 4, 2000).
Are impact assessment made publicly available?
No
How is this assessment distributed?
n/a
When is this assessment distributed?
n/a
Is there an obligation for regulators to consider alternatives to proposed regulation?
No
Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies?
No
Please provide the name of this government body, and explain its functions.
n/a
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Are the laws that are currently in effect available in a single place?
