Future-Proof Regulation as a Practice of Quality Regulatory Improvement

Abstract

The future of regulation imposes the need to think about regulations for the times and circumstances ahead. Regulatory responses to different social, economic, and environmental problems are confronted with a broad growth and acceleration of innovation and technology. In this sense, it is necessary to incorporate good regulatory practices that respond to the different challenges and paradigms in a balanced and rational way, moving away from fundamentalist positions. Based on this need and using a hypothetical-deductive methodology, this article aims to analyze futureproof regulation as a regulatory practice within the Brazilian regulatory ecosystem. It concludes that, based on the innovative principle, this type of regulation is a tool that allows us to understand and respond to the different social, economic and environmental needs and the rapid, disruptive and transformative changes brought about by new technologies. Regulations should give precedence to a broad content of social participation and interdisciplinary technical dialogue to manage regulatory processes and strategies. However, designing regulations through tools and methods to make public policies more effective and forward-looking is challenging for regulators. Future-proof regulation is designed as a stimulus or strategy in the face of this challenge.