RIA Progress in Brazil

November, 2018

KÉLVIA ALBUQUERQUESpecial Advisor

Office for Public Policies (SAG)

Presidency of the RepublicOffice of the Chief of Staff

(Casa Civil)

19th session of the Regulatory Policy Committee - OECD

O APERFEIÇOAMENTO DA GOVERNANCA PÚBLICA É UMA

ESTRATÉGIA COORDENADA DE AÇÕES

PUBLIC GOVERNANCE

POLICY

BRAZIL’S

CANDIDACY

FOR OECD

MEMBERSHIP

ENHANCING PUBLICGOVERNANCE FOR

MORE RESULTS

EVIDENCEBASED

DECISIONMAKING

PUBLIC POLICY

EVALUATION

REGULATORY IMPACT

ANALYSIS

ENHANCING PUBLIC GOVERNANCE ...

... AS A DRIVER FOR GOVERNMENT ACTION

✓ Public Governance Policy: principles, guidelines and tools to guidegovernment action towards more results

✓ Better regulation, evidence based decision making process, regulatory quality,administrative simplification, stakeholder engagement

✓ High Level Interministerial Governance Committee (CIG) approvesrecommendations and guidelines as best practices for the federal government

✓ Smart government driver fosters the alignment of the centre of governmentMinisters of Casa Civil, Finance, Planning and Transparency

✓ Soft law, assertiveness, building blocks and reputational aspects

The Office of the Chief of Staff (Casa Civil) is responsiblefor assisting the President in coordinating governmentaction

... INCLUDING THE BETTER REGULATION AGENDA

✓ Bill 6621/2016: Governance and Accountability of Federal RegulatoryAgencies: disposes for mandatory RIA - still in Congress – 14 years

The Office for Public Policies (SAG) works on thestrengthening of Brazilian Regulatory System

CONCRETE RESULTS - SAG’s COORDINATION + ENHANCED GOVERNANCE:

✓ Working Group on RIA and BRP: Ministries of Finance and Planning, all federalregulatory agencies, Inmetro (Network and bechmarking)

✓ RIA Guidelines and Guidebook approved by CIG as best practice for the wholefederal government, 9 pilot projects going on, Agencies adapting internal regulation

✓ RIA and BRP being disseminated in the public and private sectors

✓ Federal Judges Association published a statement on RIA and recommended thedissemination of the RIA Guidelines and Guidebook

REGULATORY IMPACT ANALYSIS

✓ RIA Guidelines: Principles and minimumstandards

✓ RIA Guidebook: Practical guidance for thedrafting of the RIA report

RIA Guidelines and RIA Guidebook

http://bit.do/GuiaAIR

Based on international best practices andconsidering the Brazilian regulatory context

RIA GUIDELINES AND GUIDEBOOK

BASED ON INTERNATIONAL

AND OECD’S BEST PRACTICES

✓ RIA Report submitted to a stakeholder engagement process, before drafting the regulation

✓ Proportionality: RIA Level I and Level II

✓ Methodological flexibility

✓ RIA starts as early as possible

✓ Non-regulatory alternatives considered

✓ Draft regulation submitted to public consultation - atleast 45 days - prior to final decision

✓ Transparency and open data: plain language, relevantmaterial easily available

RIA GUIDELINES AND GUIDEBOOK

The Office for Public Policies is directly involved inactions to promote strengthening of the BrazilianRegulatory System

✓ Evidence based decision making as “state”and not “government “ agenda

Dissemination and Training in RIA

December 4th - RIA Workshop in the Presidency: strong political support, best cases, exchange of experiences and open to all

PRAGMATIC APPROACH

✓ Online short videos on regulation, BPR, RIA, RIA Guidelines and Guidebook

✓ “Hands-on” training courses on RIA open to public officials – PRACTICAL CASES

✓ “Regulation Game”: private transport Apps case – DIFFERENT PERSPECTIVES AND LEVELS OF INFORMATION AT STAKE - WELCOME TO THE REAL WORLD!

✓ BRP and RIA advocacy: communicating the importance of RIA and BRPs everywhere

TRAINING COURSES AND DISSEMINATION

https://bit.ly/2vM6Ujkhttps://www.youtube.com/user/CanalENAP

RIA PROGRESS IN PRACTICE

Health Regulatory Agency (ANVISA) - Nutrition Labeling: first public consultation on the RIA Report vs. public consultation on the dratf regulation and RIA Report not published

Thank you!www.casacivil.gov.br/regulacao

KELVIA ALBUQUERQUESpecial Advisor

Office for Public Policies

Palácio do Planalto, 4º andar, Sala 414

70150-900 Brasília-DF Brazil

Phone: + 55 (61) 3411-1453

kelvia.albuquerque@presidencia.gov.br