Control applicable to results in the authorization of rail transportation services

Abstract

The introduction by Law No. 14,273/2021 of the operation of railway transport under a private law regime, through granting by authorization, inaugurated the provision of railway services with freedom of prices and supply, creating an environment of free competition in the sector, in coexistence with the exploitation of services through concession under public law, with a view to expanding supply and increasing competition in the railway transport market, contributing to the reduction of logistics costs. Given the relevance of the sector for national economic development, and considering the emphasis given to the achievement of the objectives defined for government actions in the adopted public management model, the aim is to identify the existence of instruments established by the applicable legal framework that lead to the achievement of objectives defined for the provision of authorized services, as well as the feasibility of their application by the responsible bodies. The analysis undertaken indicates the presence of limiting factors capable of compromising the feasibility of the adequate and sufficient application of the control instruments established to support the achievement of the intended results that materialize the achievement of the public interest.