Introduction With the National Program of Desestatizao (PND), created for Law N. 8,031/90, the Brazilian State starts to change its form of performance as producing agent of goods and services in determined sectors of the economy, redimensionando its performance as normative and regulating agent of the economic activity, with objective to promote the reorganization strategical of the State to reduce odficit public, to increase the investments in the economy, to modernize the industry, to fortify the stock market. Such changes, based on two phenomena contemporaries: ) The privatizations in Europe b) Politics of desregulao of the economy that passed to be adopted in U.S.A. In agreement the lesson of GILBERT DUPAS, each one of these experiences of reduodo degree and alterations in the form of state intervention in the economy correspond the answers, as much to the crisis of the State, who if gave from the end of the decade of 70 and throughout of 80, how much the economic globalization, during of 90. ' ' The conclusions are clear: in the world of the globalization, the intervention of the market has of being combined with the intervention of the State.

The question is to determine the paper and the effectiveness of the State. The development requires a State to atuanter, facilitating, encouraging and regulating the businesses privados' '. (DUPAS: 1999, P. 114) Thus, the experiences European and North American, had been taken as models of reform in Brazil, also reached in full for the crisis of the State and the consequences of the economic globalization. Transformations in the Brazilian State considered Sectors until then strategical of the infrastructure and the rendering of services, as the areas of electric energy, telecommunications, waters, oil and natural gas, drastically had been reorganized, culminating with the creation of administrative agencies, independent agencies, characterized for the functional autonomy and inexistence of hierarchic bond, with the intention of regulating to fiscalize the activity in these systems.