Uma Abordagem da Administração Pública Brasileira e do Estado Administrativo Norte-Americano, sob uma Teoria de Enfraquecimento do Poder da Lei nos EUA: a Agência Nacional de Saúde Suplementar (ANS) Brasileira, Deferência e Legalidade

Abstract

This legal article begins with the approach of the principle of legality, its relations and unfolding linked to the Regulatory Agencies figure, with the background examination of the Brazilian Public Administration consolidated from the middle of the last decade of the twentieth century. In a second stage, and from clear theoretical references, that are specifics studies of Adrian Vermeule and other Authors about the US Administrative State and the Public Administration in Brazil, the article has used a qualitative deductive method, based on modern and contemporary theories, as well as on Brazilian jurisprudential decisions, to be able to proceed a specific examination of the role of the Legislative, Judiciary Powers and, in the Executive scope, of the National Supplementary Health Agency (ANS – initials, in Portuguese), from which are based the examples used to establish and demonstrate the idea of ​​lower or higher deference, in Brazil and in the United States of America, to the administrative technicity.