Desafios que enfrenta a ANP para regular a indústria de petróleo no Brasil depois da quebra do monopólio em 1997 ate o ano de 2005

This work is analyzing the challenges which the National Petrol Agency is facing to regulate the Petrol industry in Brazil after the Monopoly crash in the period between 1997 until 2005. Due to the necessities of adaptation of its political strategies to the rules which determine the international economic flows, Brazil was forced to use the Economic Regulation in order to control the market. The regulation established in Brazil is not indifferent to imperfect markets. Thus can be find a conflict of interests among companies, the government and consumers within this process of regulation. The established agency does not have enough autonomy for administrating a regulation. The State with its paternalism power does not allow the agency to fulfill its function for which it was established, even though its function was established by law. A regulating policy which is clearly defined will establish a strong and independent agency with a clear limitation of its competences, avoiding divergent interpretation which prioritizes investments and promotes economic development. The agency will have the challenge to regulate the companies that enter the sector, allowing the opening of the market for new initiatives of investments which contribute to the welfare of the country and breaking at the same time the monopoly that is lead by Petrobras since 1953. Combining a stable set of rules with agility in order to adapt to changes will provide the regulator with a great decision-making power. The flexibility in the regulation will improve the correcting of the rules that were set in the beginning, being more efficient, which are based on acquired experience and achieved results. The structure of the agency and the flexibility of the regulation should be orientated on the promotion of competition in order to achieve economic and social development.