Reforms and infrastructure regulation in Brazil: The experience of ANTT and ANTAQ

The Unchanging Core of Brazilian State Capitalism, 1985-2015

“…Federal government investment -including by state owned enterprises (SOEs) -has remained between 2.5% and 3.0% of GDP since the turn of the century, 16 in part because discretionary spending is tilted heavily toward social expenditure, as noted below. 17 Caught between a hard fiscal constraint and expanding social expenditure, the government is clearly constrained in its ability to invest, which helps to explain why governments felt the need to privatize in the 1980s and 1990s (Paula and Avellar 2008), and more recently, to increase private investment under the Workers' Party's concession programs. But private investment has also been limited, constrained by contextual factors such as recurring exchange rate appreciation that weakens the incentives for investment in industry, as well as by more enduring problems, such as rickety infrastructure, which increases the relative cost of investment.…”

“…Another important tool available to the state is the regulatory bureaucracy. There are two essential types of regulatory bureaucracies in the Brazilian federal government: autonomous regulatory agencies, which regulate public services through the application of area-specific legislation; and executive agencies, which follow government guidelines and policies to regulate specific sectors (Salgado 2003, 32;Paula and Avellar 2008). The line between them has become less clear than initially designed, in part because the independence of many of the regulatory agencies has been constrained, through budgetary inducements and partisan appointments.…”

“…This is especially the case for the National Petroleum Agency (ANP), which must regulate an oil market dominated in its upstream, middle stream, and downstream 29 by a single firm, which is also the largest state-owned enterprise: Petrobras. 30 Finally, there are also coordination problems and turf wars between the regulatory agencies and associated state bureaucracies, as for example, in environmental regulation, where there is considerable friction between the electric regulator (ANEEL), the petrol regulator (ANP), the water regulator (ANA), and the environmental protection agency (IBAMA) (Paula and Avellar 2008). The consequence of these political aspects of regulatory governance is that the system of regulatory bodies has reduced but not 28 The full list is the National Electrical Energy Agency (ANEEL; 1996); the National Telecommunications Agency (ANATEL, 1997);the National Petroleum, Natural Gas and Biofuels Agency (ANP, 1997); the National Health Surveillance Agency (ANVISA, 1999); the National Supplemental Health Agency (ANS, 2000); the National Water Agency (ANA, 2000); the National Waterway Transportation Agency (ANTAQ, 2001); the National Land Transportation Agency (ANTT, 2001); the National Cinema Agency (ANCINE, 2001); and the National Civil Aviation Agency (ANAC, 2005) (Freitas 2014).…”

Estratégias políticas empresariais: o caso do setor ferroviário brasileiro de cargas

“…The 1990's in Brazil were marked by privatization and concessions of public service (FARIAS and RIBEIRO, 2002;PAULA and AVELLAR, 2008;HILMOLA and LAISI, 2015). Since then, companies, especially in sectors with structured and active regulatory agencies, have been working hard and developing competencies to respond to the growth and sophistication of the institutional and regulatory apparatus.…”

Perspectiva de desenvolvimento da infraestrutura de transportes para escoamento da produção agrícola da região Centro-Oeste do Brasil: um exercício de planejamento estratégico de transportes.

“…Como analisam De Paula e Avellar (2008), a ANTAQ e a ANTT fazem parte da terceira de quatro gerações de agências reguladoras no Brasil: A criação destas agências ocorreu de forma tardia, tanto para o setor portuário, cujo processo de privatização por meio de arrendamentos havia começado oito anos antes, com a Lei dos Portos, como para o setor rodoviário e ferroviário, cujas concessões da malha federal foram iniciadas em 1995 e 1996, respectivamente.…”