Evaluation of the design of the national policy of licensing of economic activities: an approach of the law of declaration of rights of economic freedom

Abstract

The licensing of economic activities is a permanent activity of the state, exercised in the use of its regulatory power, which finds ground in the constitution of the republic itself. This article analyzes the consistency and coherence of the design of the national policy for licensing economic activities, specifically the normative risk classification structure for licensing purposes, from Law No. 13,874 of September 20, 2019, establisher of the Declaration of Rights of Economic Freedom. This design evaluation involves the use of documentary sources, data collection in legislative processes and normative documents, for characterization and description of the evaluated policy. The conclusion points to the verification of coherence within the evaluated policy, in relation to its rationality focused at controlling and reducing the bureaucratic apparatus. However, instrumental inconsistencies were also observed in the design of the policy, such as excessive terminologies used in the description of the risk levels of economic activities, as contained in CGSIM Resolution No. 51 of 2019. The amount of terms, in an unnecessary way, can lead to confusion and lack of clarity in the use of nomenclatures during the implementation of the policy.