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Stakeholders' Role in Regulatory Outcome Evaluation: A Closer Look at Brazil's RIA Guidelines

As noted in our previous article, in 2018 the Brazilian government published its first Regulatory Impact Analysis (RIA) Guidelines for rulemakers. In addition to RIA, it should be noted that the Guidelines also deal with another relevant topic, namely regulatory outcome evaluation (ROE). ROE is the "systematic evaluation process of an intervention to determine whether its objectives have been achieved". Unlike RIA, which is a form of ex ante policy analysis, ROE is ex post. After distinguishing RIA from ROE, it is discussed, with respect to ROE: (i) the main kind of cases in which it should be conducted; (ii) its timing; (iii) the government’s interest in stakeholder engagement; and (iv) its OECD “principle-based approach,” focused on “reducing administrative burdens or promoting competition.” Government authorities must (a) promote competition in regulated sectors; and (b) analyze the regulatory impact of public policies. While (b) should include both RIA and ROE, it must be recalled that they include the analysis of possible antitrust issues that may be part of the regulatory problem - thus, there is an acknowledgement of the already quoted OECD principle-based approach. It is expected that the private sector will engage in further developing such know-how jointly with the Brazilian authorities.