Intervenção regulatória do TCU: avaliação empírica nos processos de concessão da ANTT, ANTAQ e ANAC
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2017-12-19
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Ribeiro, Leandro Molhano
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The aim of this article is to assess the role of Brazilian Court of Auditors - TCU and itspossible intervention in regulatory matters in view of public service concession processes.In order to structure a concession it is necessary the production of feasibility studies bythe regulatory agency and subsequently edit the bid invitation and its annexes, which willbe the cornerstone for the bid. Regulatory decisions are reflected in those documentsduring the structuring phase. According to legal requirement this documentation shall beapproved by TCU for effective concession implementation and that raises the doubt if theCourt must analyze the regulatory issues contained in it. With the aim of clarifying thisstir an empirical study was carried out with three regulatory agencies from the logisticssector: National Railroad Transportation Agency - ANTT, National WaterwayTransportation Agency - ANTAQ and National Civil Aviation Agency - ANAC. Thisarticle evaluated 40 judgments issued by TCU for the current concession structuring inthe herein mentioned sectors. The purpose was to verify if any deliberation from thisCourt has the power to intervene in regulatory subjects in which therefore the decisionmakingshould rely on the regulatory agency.