New regulatory framework for the railway sector (the Railways Act)

A critical analysis under regulatory theories based on responsiveness

Abstract

[Purpose] Based on the theoretical foundations of the main responsive theories, this article will analyze the new regulatory design of the rail transport sector, provided for by the new Railways Act (Act n° 14.273/2021) and to what extent the regulatory framework of the new governance identifies and adapts to the contributions of the enunciated theories and what benefits can come from its prediction and practical incorporation

[Methodology/approach/design] The article will be elaborated using the theoretical-normative approach. The presentation of the main theories based on responsiveness and the proposition of a specific pyramidal representation for the sector will play a central role in the proposed study. The article intends to carry out a comparison of the new regulatory legal framework of the railway sector with the enunciated theories, to demonstrate the hypothesis investigated.

[Findings] It demonstrates that the new regulatory framework has innovated the parameters used until then, considerably expanding the variety and possibility of combining strategies, mechanisms and responsive regulatory instruments that can be used. There was also an increase in the number of participants in regulation. Nevertheless, it is still necessary to improve regulatory governance and relevant regulatory arrangements of the new Railways Act for its effective implementation.

[Practical implications] The results can contribute to inform the various actors of the new regulatory design of the Brazilian rail transport sector, to lead them to improve the responsive matrix of legislation and concession and authorization contracts.