Port Authority

Lack of compliance with the legal framework

Abstract

Purpose ”“ This article analyzes the legal reality of Port Authorities, by way of tackling the legal model adopted by the Port Law for Port Authorities.

Methodology/approach/design ”“ It is divided into four main parts, initiating with the analysis of the regulatory model to define the legal features of port authorities in order to reveal their actual legal nature and legal-practical adequacy.

Findings ”“ An inadequacy of the existing reality in Brazilian ports is exposed through the delegation of police power, the obscurity of investments, and the extension of tax benefits to private law entities, serving as a theoretical basis for the constitutive model of port authorities with direct results in the way of looking at port regulatory policies.

Originality/value ”“ Given a non-existent bibliographic base on the subject, the study of the legal nature of the port authorities becomes relevant given the inadequacy of the regulatory model in the field experience.