Regulatory arrangements applicable to concession systems

Regulation by contract and rulemaking

Resumen

[Purpose] This article seeks to examine different models for organizing regulation within concession regimes and assess their impact on regulatory quality. The objective is to develop a methodology for analyzing and planning regulatory systems. Specifically, the regulatory arrangements of regulation by contract and rulemaking are studied as models for organizing regulation.

[Methodology/approach/design] The methodology employed in this study adopts an analytical approach that explores relevant bibliographical references to elucidate different approaches to organizing regulation and the concept of regulatory quality. This allows for the development of a methodology that establishes a connection between regulatory quality and the specific type of regulatory arrangement. The analysis is specifically focused on the regulation of the Brazilian system of railway concessions as a reference point.

[Findings] The primary finding of this article is the identification of various regulatory arrangements applicable within the Brazilian concession regime. Furthermore, a methodology has been developed to establish a connection between these arrangements and the quality of the resulting regulation. [Practical implications] The development of a methodology to establish a connection between regulatory arrangements and the quality of regulation is of significant relevance, as it provides a valuable tool for analyzing and planning regulatory systems based on a concession regime. This methodology enables a more comprehensive understanding and assessment of the regulatory landscape, facilitating effective decision-making and improving the overall regulatory framework.

[Originality/value] Despite the extensive study of regulatory organization models abroad, this particular topic is seldom addressed in the Brazilian literature. It is noteworthy that, due to the limited critical analysis, the prevailing technique for regulating concession systems in Brazil remains the less efficient approach, namely regulation by contract. Therefore, the main contribution of this article, beyond introducing innovative techniques, lies in initiating a discussion on the importance of contemplating regulatory techniques and showcasing the efforts made in Brazil towards planning the regulation of concession regimes. By shedding light on this subject, the article prompts a critical examination of the existing regulatory practices and advocates for the adoption of more effective approaches in the Brazilian context.