Banca de DEFESA: FERNANDO BARBELLI FEITOSA

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : FERNANDO BARBELLI FEITOSA
DATE: 27/02/2023
TIME: 18:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTc0NTZkYjQtNGRjNy00Y2MxLWIxOWItZWE3YmM1OTM0Z
TITLE:

"Transport legal regulation through the lens of the smart regulation theory".

KEY WORDS:

Smart Regulation. Transport Legal Regulation. Public Policies

PAGES: 250
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis analyzes the regulation of transport in Brazil, by way of applying the theory of smart regulation, which considers the use of multiple regulatory tools instead of the univocal policy of command and control and the cooperation of the actors involved, in order to deliver a more effective outcome. The theory, that was at first directed to environmental regulation, proposes a relevant regulatory design for the analysis of other economic domains.

The descriptive and logical-inductive method of approach is followed by a bibliographic review of the theoretical framework and a description of the current regulation models in force for the various transport subsectors, to propose the analysis of two cases in detail, to identify the incidence of Smart Regulation precepts and propose regulatory improvements.

Given the autonomy of the proposed transport regulatory law, a very diversified regulation was promoted in its subsectors, being certain that some of them adopt the precepts of responsive regulation and smart regulation and others still adopt the command-and-control approach. In the cases studied, in the air transport services, the regulatory authority sought to apply the concepts of regulatory pluralism, to expand the applicable regulatory tools and involve other public agents in the regulation process, as well as self-regulation mechanisms, denoting an approximation of the theoretical framework studied. On the other hand, in the regulation of federal highways concessions, a model more focused on fines for each punctual occurrence is maintained, with some attempts to apply new regulatory instruments, poorly assimilated by the sectoral Agency and those regulated agents. After all, in the nascent regulatory structure of air navigation, there is resistance in the adoption of mechanisms that approach responsive regulation and smart regulation, even if they are recommended by international authorities.

This thesis found a tendency of adoption of elements of responsive regulatory theories in several subsectors of transport, although it is clear that initiatives of its application in a systemic way or aligned with public policies that guide the economic sector are still missing. Regarding this matter, the sectorial Ministry has promoted actions, still timid, for the integration of modes, being certain that there are no transversal guidelines that could enable a more uniform regulatory provision on this sector.

Finally, it is expected to show that, in some relevant transport industries, the regulation process is already adopting other regulatory instruments, but it still relies on command-and-control as its main action to influence the prospective behavior of regulatees, despite the costs linked to this option. In addition, we want to highlight that commercial third parties’ actors and public interest groups are rarely integrated into the regulatory process and, therefore, contribute little to the establishment of more effective regulation. After all, we hope to encourage legal research on the modalities of responsive regulation and its compliance mechanisms.

BANKING MEMBERS:
Presidente - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Interna - 1874025 - INEZ LOPES MATOS CARNEIRO DE FARIAS
Externo à Instituição - FRANCISCO GILDEMIR FERREIRA DA SILVA - UFC
Externo à Instituição - GABRIEL DE MELLO GALVAO - USP
Externo à Instituição - Marcelo Pereira Queiroz - ANAC