Enforcement of Rules Through The Securities Comission

Abstract

The duties of the Securities Commission are debated. This is done by taking into account Article 82, §2º, of the Corporations Act as an example. In the past, other vague rules related to the Securities Commission were analyzed. Discussions about the legal powers of the Securities Commission are old issues, but it is worthwhile to update them, because of the constant challenges associated with the capital market. The Business Environment Act that, among other things, altered some of the Articles of the Corporations Act was enacted only recently. The Securities Commission may not create, alter or abolish the law. The Securities Commission must enforce the law so that it fulfills the duties that have been imposed against it. Even so, it is unlikely that this thesis is going to be actually accepted. The idea that legislative powers may be delegated or that the Securities Commission has the power to fill gaps in the law, unfortunately, seems to have been consolidated. However, it is worthwhile to explore the subject of the gaps in the law and the legal powers of the Securities Commission. Debates about the duties of the Securities Commission should continue to occur.

KEYWORDS: Securities regulation. Securities Commission. Legality. Enforcement of rules. Gaps in the law.