The influence of the Responsive Regulation Theory in administrative law and, especially, in the areas associated with environmental management has brought into debate both the redefinition of the role of regulatory agencies and the relevance of an increasingly dominant persuasive approach as an alternative to the repressive character of law.In this article, the author seeks to examine the postulates of the Ayres and Braithwaite’s theory and, using several legal instruments among wich stands out the new Monitoring Regulation, analyze its reception in the regulatory policy of the Environmental Monitoring and Assesment Agency (Spanish: OEFA).

The influence of the Responsive Regulation Theory in administrative law and, especially, in the areas associated with environmental management has brought into debate both the redefinition of the role of regulatory agencies and the relevance of an increasingly dominant persuasive approach as an alternative to the repressive character of law.In this article, the author seeks to examine the postulates of the Ayres and Braithwaite’s theory and, using several legal instruments among wich stands out the new Monitoring Regulation, analyze its reception in the regulatory policy of the Environmental Monitoring and Assesment Agency (Spanish: OEFA).

Within the framework of administrative claims, the article analyzes the interactions between the resolution bodies of Indecopi (Commission for the Elimination of Bureaucratic Barriers and the Specialized Chamber for the Elimination of Bureaucratic Barriers) and the regulatory agencies, in order to identify the main limitations of the administrative jurisdiction, which come, among others, from the provisions of Legislative Decree 1256 and the jurisprudence of Indecopi. This situation generates control gaps that, in turn, result in the lack of protection of the citizens. To better illustrate this scenario, a historical overview of the Peruvian institutions involved is carried out, leading to a detailed review of the applicable regulations and jurisprudence. Finally, it concludes with the proposal of possible alternatives for improvement, emphasizing the revitalization of the Judicial Branc...

Within the framework of administrative claims, the article analyzes the interactions between the resolution bodies of Indecopi (Commission for the Elimination of Bureaucratic Barriers and the Specialized Chamber for the Elimination of Bureaucratic Barriers) and the regulatory agencies, in order to identify the main limitations of the administrative jurisdiction, which come, among others, from the provisions of Legislative Decree 1256 and the jurisprudence of Indecopi.This situation generates control gaps that, in turn, result in the lack of protection of the citizens. To better illustrate this scenario, a historical overview of the Peruvian institutions involved is carried out, leading to a detailed review of the applicable regulations and jurisprudence. Finally, it concludes with the proposal of possible alternatives for improvement, emphasizing the revitalization of the Judicial Branch...

The influence of the Responsive Regulation Theory in administrative law and, especially, in the areas associated with environmental management has brought into debate both the redefinition of the role of regulatory agencies and the relevance of an increasingly dominant persuasive approach as an alternative to the repressive character of law.In this article, the author seeks to examine the postulates of the Ayres and Braithwaite’s theory and, using several legal instruments among wich stands out the new Monitoring Regulation, analyze its reception in the regulatory policy of the Environmental Monitoring and Assesment Agency (Spanish: OEFA).