Análise da Resolução n° 5.987/22 que viabiliza a exploração de novas ferrovias mediante outorga por autorização

Abstract

Brazil comes from a stagnant railway system, formed by a system of concessions where internal competition is low, harming the development of the sector. In order to change this scenario and seek to attract investments and develop the country's network, the Railroad Law was created, which together with Resolution nº 5.987. As the new model adopted is still recent in Brazil, having been published in September 2022, studies on this topic are important in order to point out improvements that may contribute to the development of the rail sector. Through bibliographical research on the subject, including the experience of other countries and consultation with specialists in the sector, a critical analysis of the resolution and suggestions of violation was carried out. Based on this approach, it can be concluded that encouraging investment by the private sector is a good alternative for developing the national network, as countries with a more developed network operate in this way in the market, guaranteeing lower prices with greater commercialization.