Aspectos Jurídicos do Fenômeno do Reequilíbrio e da Prorrogação antecipada de Contratos de Arrendamento Portuário face ao Novo Marco Regulatório / Legal Aspects of Port Leasing Review and Early Extension according to the New Regulatory Framework
Author(s)Marcus Nylander Souza Oliveira
KeywordsNew Ports Act
nova Lei de Portos
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AbstractPurpose – This article aims at clarifying the issues and innovations of the new port legislation taking into account the factors involved in the regulatory process. The purpose is to investigate the extent to which innovations fit the port structure for a better functioning of ports. Methodology/approach/design – It adopted an inductive method of approach supported by a set of data in order to try to discover and confirm the hypothesis of regulation applied to performance parameters, as prescribed in the new port mark, also considering legislation in its moral context. Findings – The new Port Law sheds light on prospects of economic growth, although its exact impact is still uncertain, since the barriers to development are mainly attributed to the high cost and low efficiency in operations. Practical implications – It aims at collaborating with the port sector, not only through a collaborator point of view, but also as an academic view assisted by studies related to the topic. Originality/value – Its importance lies, methodologically, on conceptualizing the key terms used in the equilibrium analysis and on the early extension of port contracts, emphasizing the normative propositions of the new port regulatory framework that takes into account efficiency and also the possible negative effects, including the regulatory capture.