The ombudsman system of Brazilian regulatory agencies

Abstract

The State-reform process developed in Brazil at the end of the 20th century included the strengthening of the regulatory function of the State in relation with privatised public utilities. Nine federal regulatory agencies were established, and nineteen member-states and the federal district established similar bodies.

Legislation established the functions assigned to the new regulatory authorities, and social control was formally established. An original way of control is the inclusion, in some of the regulation agencies, of an Ombudsman responsible for ensuring the quality ofÿservices by receiving and investigating complaints of sector agents and customers. Seven national agencies as well as almost every member-state regulation agency, established an Ombudsman's office.

The Ombudsman's offices are responsible for mediating differences between licensees, authorized distributors, independent producers and self-producers as well as agents and customers, also listening directly to the involved parties; for settling conflicts resulting from regulatory andÿsurveillance actions within the scope of power-utility services; and for preventing the occurrence of divergent views. The Ombudsman's office must use the information to address the collective aspect of the problem rather than the individual complaint itself.

The Ombudsman's management structures were designed to work in aÿwebÿenvironment (Internet) directly connected toÿthe agency's database via Internet, giving internal access to State-member agencies, licensees and consumers.

This article describes the functions assigned to the ombudsmen, their management structures, the way they are performing their duties, and enlists their main shortages and advantages.