Regulação as Administrative Law is an approach chosen by the Brazilian scholars that takes a toll on the legal professionals, since its normative framework, inspired by neoliberal ideas, misdirects the assessment of regulatory failures and socioeconomic context and their connection with Criminal Law and Criminal Policy. The main goal is to analyze that doctrinal approach, considering regulation theory and comparative Law. The necessity to ensure that academic research is oriented to attend the peculiar Brazilian socioeconomic conditions, considering elements of civil law and the Anglo-American scholarship, even if it is not the Brazilian tradition, is the main conclusion.