Judicial review of regulatory activity has become an increasingly prominent issue in the courts and raises a central question for the law: what should be the limit of the judiciary’s intervention in technical decisions taken by regulatory agencies?
In an article published in Migalhas, our senior partner Maria Isabel do Prado Bocater, our consultant Luiz Felipe Monteiro Seixas and our solicitor Ana Luiza Moerbeck analyse how Brazilian case law has been shaping the contours of so-called ‘regulatory deference’, highlighting the challenges of reconciling legal certainty, technical expertise and the review of legality.
The topic will be explored in greater depth at our upcoming webinar on 24 July, which will bring together experts to discuss the evolution of case law, the parameters for judicial review of regulation, and the practical implications of this landscape for regulated entities, regulators and legal practitioners.