Autorização de terminal privativo de uso misto e a responsabilidade civil da União Federal por dano ao arrendatário

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This Dissertation is a result of the research in the line of research of Production and Application of the Law and of the Group of Research of Regulation of the Infrastructure and Legality of the Port Activity and is concerned about the administrative acts of the ANTAQ (National Agency for Waterways Transportation) in relation to port terminals of mixed use and the negative impacts in the competition environment in which these terminals and the public terminals represented by the lessees compete. The analysis is conducted in view of holding the Union responsible for the losses or damages caused to the affected private parties. The discussion of this asymmetry of conditions between the legal regime of government contracts of port lease and the legal regime of authorizations requires the participation of the involved segments and of law enforcers for the equalization of the investors interests. A comparative analysis among distinguished points in relation to the two types of grant demonstrating the asymmetry of the conditions of each model for competing in the same relevant cargoes market was made. After the confrontation of characteristics in which the discrepancy of the conditions of the involved parties became evident, an approach to the civil liability of the Union arising out of the negative effects of the acts of the ANTAQ in the competition environment with direct losses to the regulated segments (public terminals granted by means of lease contracts) was made, taking into account the imbalance of the market competition conditions

ASSUNTO(S)

direito responsabilidade (direito) danos atividade portuária

ACESSO AO ARTIGO

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