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Regulatory governance is at the heart of attracting investment for logistics infrastructures. Earlier approaches have been criticized for the micro-management exercised by central government and for the perverse incentives set by domestic lending institutions. Whatever the current preferences in terms of facilitating investment and competition, there are long-term issues that require addressing. These are:

• The need for a stable policy framework that allows for long-term planning and consistent decision-making.
• The need for a strategic capacity to develop logistics infrastructure that goes beyond the politically and administrative convenient.
• The need to develop a clear understanding of the PPI (or any other central unit) as a coordinator of concession plans that promotes regulatory agencies and ministries in developing concessions.
• The need for appropriate resourcing of regulatory agencies to support the monitoring of concessions along agreed 'tramlines'.
• The need for a reputation among concession-holders that 'gambling' is not lucrative and that regulatory regimes are credible and not prone to ad-hoc renegotiation on the basis of political pressure.

This report diagnoses a number of regulatory capacity deficits, ranging from the need to enhance analytical strategic considerations, the need to consider coordination and oversight more directly, as well as to develop more challenge capacities. At present, regulatory debate in Brazil is shaped by an emphasis on reducing 'discretion'. This emphasis is understandable in view of the contemporary political climate, but is unlikely to enhance overall regulatory capacity.

Logistics infrastructures are critical for social and economic development. Enhancing infrastructures has therefore become a central theme for governments internationally. Given the state of public finances in Brazil, the key challenge is how to attract sufficient private investment into infrastructures so as to achieve social and economic development. This report deals with the regulation of logistics infrastructures in Brazil, focusing in particular on the federal level. Brazil, one of the key emerging economies in the world, has a particular need for developing logistics infrastructures. Past initiatives however have suffered from a lack of strategic perspective and from poor regulatory capacity. They have encouraged poor strategic investments and a 'gaming culture' among concession holders. The latest reforms have sought to strengthen the credibility and predictability of regulatory frameworks to attract 'better' and 'new' private investment into expanding Brazil's logistics infrastructure. This report argues that such an approach towards regulation is unlikely to be sufficient. Instead, it argues for a renewed focus on regulatory governance and regulatory capacity. This study therefore is interested in developing insights and recommendations that both serve the development of regulatory capacity in Brazil — a country that has witnessed considerable investment into its regulatory frameworks over the past two decades — and address sector-specific challenges.

• Chapter One

  Overview

• Chapter Two

  Regulating logistics infrastructures

• Chapter Three

  Development of the regulatory framework and recent reform

• Chapter Four

  Regulatory governance

• Chapter Five

  Regulatory capacity

• Chapter Six

  Regulatory issues and challenges around logistics infrastructure per sector

• Chapter Seven

  Recommendations: towards a roadmap for enhancing regulation in logistics infrastructure in Brazil

• Chapter Eight

  Appendix A — Development of the logistics sector and related infrastructure between 1820s and 1990s

• Chapter Nine

  Appendix B — Regulatory issues and challenges in the railway sector

• Chapter Ten

  Appendix C — Regulatory issues and challenges in the road sector

• Chapter Eleven

  Appendix D — Regulatory issues and challenges in the ports sector

• Chapter Twelve

  Appendix E — Regulatory issues and challenges in the airport sector