A exploração da infraestrutura aeroportuária no Brasil: a Infraero e as concessionárias de serviço público

Abstract

The main topic of this study is to delineate the framework of the Brazilian airport infrastructure, investigating the mechanisms used for its exploration by the Brazilian Enterprise for Airport Infrastructure – Infraero (“Empresa Brasileira de Infraestrutura Aeroportuária – Infraero”) and the current concessionaires of public services. Based on this analysis and with the intention of understanding the advances and changes in the legal-institutional models, this study, initially, addresses the advances in the air transport sector and the impacts over the infrastructure, the boundaries of its content, the legal concepts, as well as the normative evolution of the airport infrastructure. After this analysis and once the legal nature of the activity is identified, the study addresses the manners by which the main Brazilian airports are explored, the knowledge of the services provider and the procedure for transferring the services. The discussion addressing the norms applicable to the exploration of the infrastructure is followed by the analysis of legal relationships resulting or deriving from performance of the public service obligations, with special attention on the contracted third parties and service users. The author intends, with this thesis, to critically analyse the models for exploration of airport infrastructure adopted after the examination of its characteristics, concluding with the presentation of propositions to review and adapt such models to the current situation