Regulação econômica do serviço de praticagem no Brasil: riscos regulatórios e recomendações

Abstract

ABSTRACT The establishment of the pilotage service economic regulation in Brazil involves regulatory risks that must be taken into account in the planning and implementation of the aforementioned public policy. The Law 14.813/2024, with the declared purpose of providing legal certainty and regulatory stability to pilotage services, promoted specific changes to Law 9.537/1997, the Brazilian Waterway Traffic Safety Law, which, in a certain way and within a very restricted scope, can be considered a minimum regulatory advance, far short, however, of promoting effective economic regulation of this service, essential to navigational safety in Brazil. This research used qualitative method techniques to select data and informationt showing how pilotage service regulation evolved. By using the SWOT Analysis technique, the inherent strengths, weaknesses, opportunities and threats were identified, the associated regulatory risks were verified and the appropriate recommendations were proposed. It is concluded that there is a high risk that legal changes already promoted constitute an insufficient regulatory framework for the implementation of an effective economic regulation of the pilotage service in Brazil, only formally complying with the principle of legality.