AbstractsLaw & Legal Studies

Regulação alternativa do Transporte Rodoviário Interestadual de Passageiros: viabilidade legal do Modelo de regulação de toque leve

by Rodrigo Otavio Moreira da Cruz

Institution: Universidade de Brasília
Year: 2008
Keywords: Transporte Rodoviário Interestadual de Passageiros; Engenharias; teoria regulatória; Modelo de Regulação de Toque Leve; competitividade; Interstate Road Transport of Passengers; Light Touch Regulation model; competitiveness; Legal Feasibility; Viabilidade jurídica; theory regulatory
Record ID: 1077769
Full text PDF: http://bdtd.bce.unb.br/tedesimplificado/tde_busca/arquivo.php?codArquivo=3951


According to Article 175 of the Constitution of the Federative Republic of Brazil in 1988, lies with the Public Authorities, in the form of law, directly or through permission, always through bidding, the provision of public services. In that sense, it is understood that this provision requires a State responsibility to establish the conditions for the provision of services and ensure the existence of a level to encourage an increase in economic efficiency in the provision of these services. On the Interstate Road Transport of Passengers (IRTP), the Public Authorities established a federal regulatory structure, based on the concept of public service, according to guidelines established by Law n. 10.233/01, which created the National Agency for Land Transport (ANTT), in Law n. 8.987/95, which is the system of granting permission and the provision of public services, and in Decree n. 2.521/98, current regulation of services of IRTP. It is known that the bidding process is a legal requirement and at the same time, it is essential that the market has a competitiveness, so as to provide a quality service. In Brazil, however, it is found a contradictory situation, because the philosophy of the current regulations clearly signals the direction of markets closed, which omit risk and competition against potential competitors and does not contain elements which have to operators to improve the system in general. Analyzing the portrait of regulation adopted by Brazil, realizes that the practice does not allow for market competition between companies providing service to IRTP. That is because, after having passed the company winning the bidding process, in much of occasions, enjoys privileges of market exclusivity, thus exploiting a monopoly created by institutional barriers, where the free entry of other firms is not allowed. Considering this barrier, it is necessary to introduce a Light Touch Regulation Model (LTR), already consolidated in the world literature, so that other companies might enter the market, entering into, contestability. In particular the model of LTR is already practised in other countries such as England, and results, as the quality of services provided IRTP are satisfactory. In view of this, it appears that the country lacks a competitive regulation for the services of IRTP. There is also a model of LTR is able to insert a characteristic of the market contestability, as pointed international practice. Thus, with the intention of contributing to the debate formed around the regulation IRTP, the dissertation deal to examine the feasibility of the model of legal regulation of light touch. De acordo com artigo 175 da Constituição da República Federativa do Brasil de 1988, incumbe ao Poder Público, na forma da lei, diretamente ou sob regime de concessão ou permissão, sempre através de licitação, a prestação de serviços públicos. Nesse sentido, entende-se que tal dispositivo legal impõe ao Estado a responsabilidade de estabelecer as condições de prestação dos serviços e de garantir a existência de condições…