A ENFORCED SELF-REGULATION DE BRAITHWAITE NAS CONCESSÕES DOS PORTOS ORGANIZADOS BRASILEIROS
Ports. Concession. Enforced self-regulation. Responsive regulation.
The present research aims to identify which aspects of enforced self-regulation can be verified or adopted in the regulation of Brazilian organized port concessions and which assumptions thereof relate to the regulation to be established for port concessions. To this end, the research will analyze the international experience, the institutional context of the port sector and the norms that regulate the sector. It will address the characterizing elements of enforced self-regulation, where the theoretical assumptions and essential elements of the theory will be established. Also, the main entities participating in the regulation of the sector will be identified, considering the competencies attributed to each of these actors, particularly the nature of organized ports, the role of the port authority, and how the provided services subject to concession are defined and charged. An analysis of the regulatory structure for the concession of organized ports will be conducted, seeking to identify typical elements for the adoption of enforced self-regulation. Finally, the research will attempt to ascertain a possible relationship with the assumptions of enforced self-regulation from the theory of responsive regulation, to determine whether it is possible to adopt these assumptions in the concessions of organized ports; how their application could contribute to the sector; or whether, considering the sectoral context, the adoption of enforced self-regulation in the regulation of port sector concessions would be unfeasible.