Ferroviarismo brasileiro em perspectiva: uma análise das ferrovias brasileiras sob a perspectiva crítica da regulação administrativa: realidade, limites, objetivos e possibilidades

Abstract

The aim of this paper is to revisit the historical formation of the railway system in Brazil, highlighting its economic, social and cultural importance, but above all, the topicality of the discussion on the need to promote railroad development (given the urgent need to promote sustainable development and mitigate/reverse the processes of environmental degradation, inherent in the capitalist mode of production). To this end, through a documentary and bibliographical review, its intrinsic structural bases will be listed, including, particularly, the political, economic, legal and social ones. Such a digression is useful for a proper understanding on the main factors, events, agents and motivations that are jointly responsible for shaping the status quo – the culmination of which is, most recently, the enactment of Law n. 14.273/2021, known as the “Railways Law” – as well as for properly contextualizing Brazil in the logic of the new world order of neoliberal globalization. From a legal-regulatory perspective, therefore, we will investigate whether (or not) the “Railways Law” is sufficient to overcome the current state of precariousness, stagnation and underutilization of the rail modal in the country, both for freight and passenger transport. This will be done both by analyzing its political and conjuncture obstacles (such as lack of planning, lack of adequate public investment, lack of effective public governance, lack of medium and long-term sectoral public policies, political will etc.) and its legal and normative obstacles (changes in the institutional paradigm, liberalization of sectors of the economy, legalization of the dominant political will, lack of effectiveness of norms etc.). With this in mind, given that from time to time attempts are made to increase the share of rail transport in the country, the subject will be approached from a holistic and interdisciplinary point of view, which means a critical perspective of regulation – by adopting premises and benchmarks that will make it possible to define an effective parameter for measuring the desired development, with an epistemological focus on investigating the reality, limits, objectives and possibilities established by the “New Legal Framework for Railways”, in absolute terms