O novo marco legal das ferrovias e o surgimento da figura do autorizatário

• Autor(a) principal: Fernandes, Paulo Luis Homem de Mello Moury
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/40951
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Transporte ferroviário; Serviço público; Autorização; Autorizatário; Validade; Railway transportation; Public service; Authorization; Authorized operator; Validity

This paper explores the New Legal Framework for Railways in Brazil and the emergence of the figure of the authorized operator. It will analyze this controversial figure and its validity as a means of granting railway transportation in Brazil. The issue arises as part of the doctrine contends that this institution is invalid and unconstitutional for awarding the provision of the aforementioned public service. The first objective of this dissertation is to provide a historical analysis of railway transportation in the country. The second objective is to conduct a detailed analysis of the New Legal Framework for Railways, with a special focus on its effects, particularly regarding the establishment of the authorized operator and the subsequent streamlining of bureaucratic procedures. Furthermore, a third stage of the study will concentrate on examining the legal nature of the authorization and its validity as a delegation instrument for granting railway services in the country. The question of whether the private sector should assume a central role in the provision of railway transportation services will also be addressed. Additionally, this paper seeks to make a comparison with railway reforms that have taken place in the United States and Europe in order to provide a comparative framework with the Brazilian reform. Regarding the methodology, an analytical approach will be adopted, involving consultation of works that address railway regulation, authorization, and road and railway concessions. Therefore, it was possible to conclude that the valid establishment of authorization as a means of granting railway transportation in Brazil represents a significant shift towards streamlining bureaucratic processes and giving prominence to the private sector in this sector. This implies a reduction in the government's responsibilities, which now primarily acts as a regulator. This approach has already brought and will continue to bring several advantages to the sector, making it more competitive and encouraging improved service provision. In this context, railway transportation is considered an economic activity when carried out by an authorized operator under a private law regime