Legal certainty and regulatory sandbox: critical evaluation and recommendations

Abstract

This document focuses on analyzing legal certainty as a determining factor in the implementation of a regulatory sandbox, exploring its influence as a barrier to the application of such a sandbox from a legal perspective. The study is based on a theoretical review and a detailed analysis of the background of regulatory sandboxes and legal certainty, as well as on the practice of interviewing officials and citizens with experience in the implementation and use of the controlled testing space. Subsequently, a methodology is applied to define the prioritization of problems and identification actions for implementation. Through this exercise, it was concluded that legal certainty represents a significant obstacle in certain constitutional frameworks. There is a legal need to constitutionalize legal experimentation to overcome the detected obstacles and achieve an implementation that adapts to the legal framework in future sandbox initiatives.