LicitaÃÃes nos transportes pÃblicos de passageiros: uma abordagem baseada na mediaÃÃo entre atores / Bidding In Public Passenger Transport: An Appoach Based Mediation Betweenactors

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

According to the Federal Constitution, the passenger transport in cities is an essential public service. Still in agreement with the article 175 of the Constitution the provision of this service must be directly performed by the State or through the delegation to private operators by a previous process of public bidding. This legal scenario completes itself with the edition of the Law No. 8987, February 13, 1995 â Law of Concessions. Despite the existence of established legal rules, in most Brazilian cities the bidding for the concession and provision of this public service does not occur, or occurs slowly, at the expense of providing a quality service and the attendance to public interests. The dissertation aims to discuss and analyze the factors that ease the realization bidding processes in Brazil and, in particularly the case of the agglomerate in Recife. The performed research found the existence, throughout the years of a constant relation of competition, scarcity of reciprocal confidence between the actors involved in the provision of this public service â public power, private operators and users -. Thus, considering the Estateâs responsibility of assuring the provision of public services and promoting the opening of public biddings for its delegation, the researchâs results point to the necessity of adopting the institute of mediation as a consistent and effective modern tool, to the restoration of trust between the involved parts, favoring the reciprocal cooperation between the actors for attendance of the public interests. The researchâs conclusion also indicates to the role as a mediator that must be performed by the Regulatory Agency. It has the necessary requirements to employ this attribution, by its inherent characteristics and its institutional mission, predicted in its institutional law. It is expected that this new mediator will decisively contribute to the realization of public biddings so that the transport service can be provisioned with quality to the population.

ASSUNTO(S)

mediaÃÃo regulatory agencies licitaÃÃes biddings concessions concessÃes serviÃo pÃblico engenharia civil agÃncias reguladoras public service mediation

ACESSO AO ARTIGO

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