Direito administrativo da experimentação: fundamentos, possibilidades, limites e experiências práticas na realidade brasileira

Abstract

Legal-administrative experimentation is the order of the day. This panorama is explained mainly by the multiple transformations generated by the advent of new technologies and their impacts on the current legal order. Expressions such as “regulatory sandbox,”; “experimental regulatory environment,”; “Administrative experimentalism,” “administrative law of experimentation,” and “innovation laboratories” have become part of the vocabulary of those who operate administrative structures daily. And there are no signs that they will come out of it anytime soon. This Dissertation investigates what we will call the “administrative law of experimentation,” initially exposing its theoretical and normative foundations (constitutional and infra-constitutional) in the light of literature and the Brazilian legal order. The attention of this research also focuses on two positive institutes in the Brazilian legal order that materialize the “administrative law of experimentation,” here called paths of legal-administrative experimentation, namely: (i) the experimental regulatory environments (regulatory sandboxes) and (ii) innovation laboratories. As for sandboxes, issues such as their legal nature will be addressed in this work; the sandbox regulatory model inaugurated in the United Kingdom and which has expanded to different parts of the world; the experimental regulatory models in force in Brazil, their primary purposes and benefits, their risks, in addition to their expansion process in subnational federative entities, with emphasis on the cases of Foz do Iguaçu, Londrina and Rio de Janeiro. Regarding innovation labs, a general overview of such administrative structures in Brazil and around the world will be presented, and the main challenges and risks related to their construction and implementation will be exposed. Two case studies will also be carried out regarding Brazilian innovation laboratories; they are (a) the Financial Innovation Laboratory of the Central Bank of Brazil – the “LIFT Lab” and (b) the GNova Lab – Innovation Laboratory in Government, from the federal Public Administration, in addition to which the process of disseminating laboratories across subnational federative entities will be addressed. Finally, it will be about what is conventionally called in this work the cycle of legal-administrative experimentation, a theoretical construction through which the general lines must be observed by public administrators to construct and implement experimental legal solutions, focusing on regulatory sandboxes and innovation laboratories.