Parâmetros para a adoção de normas técnicas privadas por atos normativos estatais

Abstract

This study explores the dynamics between privately developed standards and state regulatory acts that adopt them as mandatory. This dynamic is analyzed from the perspectives of legality and legitimacy. In terms of legality, it is observed that private standards are present in various administrative functions exercised by the Public Administration and can be institutionalized through co-regulatory mechanisms, as well as adopted in state regulatory acts through different methods. Regarding legitimacy, standards, due to their technical and private nature, can generate democratic and epistemic problems. We argue that these problems can be addressed and, to a certain extent, mitigated through measures based on four parameters: participation, due process, efficiency, and transparency.