MSc Thesis submitted to the University of Brasilia


Legal characterisation of the means of intervention by the public authority in urban public transport by bus

by Ricardo Marar

ABSTRACT

The Brazilian Constitution has redefined the institutional powers of the municipalities within  the Union. Particularly, the organisation and operation of urban public transport services have been confirmed by article 30, section V, as a municipal task, to be executed within the principles and rules of a public service, according  to the article 175 of the Constitution. Consequently, these  services are also subject to the rules of the Law no. 8.987/95, which details the principles and rules foreseen by the article 175 of the Constitution. However, in their practice some local authorities seem to be rather omit with respect to transport, in contradiction with the rules of Law.

The present research aims to understand the circunstances and the reason that lead the Brazilian public authorities to opt  between two main intervention modes in public transport. The first mode is here called as the public service mode (resembling the public service concept seen in French Administrative Law), where the service is considered to belong  to the competencies of the authorities, which plan and operate it or delegate the operation to particulars by means of a  contract. The second mode here called the ordering mode (which comes into action in the German Persons? Transport Law), whereby the authorities behave as an arbitrator between private operators, not permitting excessive concurrence and at most edit some regulations in order to guarantee some quality and safety features of the system.

Thus the present research has analysed the regulations and actual attributions of local authorities with respect to public transport in four cities: two of them are metropolitan centres (Brasilia and Curitiba), one is a middle-sized town (Bauru) and the remaining last, a smaller town (Lencois Paulista).
The results have shown that the size of the cities, but also particular historical and political facts of the local public transport administration help to understand the option of the authorities with respect to their actual role in the sector in question.
 


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