Transport Regulatory Agencies and Civil Law Tradition in Latin America: Some Issues from Recent Brazilian Experience

This paper considers the regulatory arrangements and specifically looks at the establishment of new regulatory agencies such as the National Land Transport Agency and its roles for the transport sector of Brazil. The paper addresses institutional issues regarding rail and road long haul public (and cargo) transport services and toll roads and takes into account the legal, economic and planning impacts brought by this kind of hybrid regulatory model. The National agencies are, in fact, regulating and controlling not only the private relationship between operators and users, but also, the “administrative contracts”, mostly assuming tasks traditionally belonging to the direct Administration. For instance, by means of the institutional reform, the transport agencies have gained legal competence to promote tendering procedures, to delegate services to selected operators, to sign contracts with operators. The most important argument that favors this “competence shift” is that independent agencies would be able to protect operators and stakeholders from political changes that could provoke instability and mistrust for the private industry. On the other side, this shift may be interpreted that elected government officials have lost a substantial power to develop the necessary transportation policies. The paper examines these competence conflicts with respect to the impacts on the regulatory efficiency and to broaden consequences for the transportation policy.

Language

  • English

Media Info

  • Media Type: Print
  • Edition: First Edition
  • Features: References; Tables;
  • Pagination: pp 819-828
  • Monograph Title: Competition and Ownership in Land Transport Passenger Transport

Subject/Index Terms

Filing Info

  • Accession Number: 01051421
  • Record Type: Publication
  • ISBN: 9780080450957
  • Files: TRIS
  • Created Date: Jun 11 2007 11:57AM