The Fix is in? Parliamentary Scrutiny of Appointments of the Heads of Brazilian Regulatory Agencies

Abstract

AbstractThis manuscript analyses the parliamentary scrutiny of the presidential appointments to the direction of independent Brazilian Regulatory Agencies from an in-depth case study of the heads of the Brazilian Health Regulatory Agency—ANVISA, between 1999 and 2021. In Brazil, the Senate has the final decision on these appointments, exercising a dual function: parliamentary control over presidential patronage and selecting future heads of agencies. The objective of this article was to explain how the parliament exercises these functions and interferes in the appointment process. The results indicate that, although the formal process of parliamentary scrutiny seems like a game of marked cards, where it is already known in advance that the result will be approval, the Parliament plays an anticipatory role of presidential decisions, interfering in the timing of appointments and the possibility of influence over the choice of nominees.