GOOD REGULATORY PRACTICES ADOPTED BY THE OECD AND THEIR APPLICABILITY IN THE PORT SYSTEM IN BRAZIL: A CASE STUDY ON THE TCU DECISION THAT CONSIDERED ILLEGAL THE CHARGING FOR THE CONTAINER SEGREGATION AND DELIVERY SERVICE (SSE) Carolina Martinez Pula Daltoé, Marcelo Sammarco

Abstract

Article summarizing the contents presented by the author, on the occasion of the 5th Congress of Maritime and Port Law organized by the Brazilian Association of Maritime Law (ABDM), in partnership with the Santa Cecília University (UNISANTA) and the Santa Cecília Communications System. Event held in the city of Santos-SP, on September 15 and 16, 2022.

ABSTRACT

This paper aims to analyze the good regulatory practices (GRP) adopted by the Organization for Economic Cooperation and Development (OECD), also known as regulatory coherence and considered the set of specific policies related to the quality and consistency of the regulatory process. It is a governance tool for the development of public policies in various sectors of society.

GRP can be defined as internationally recognized practices used to improve the quality of the regulatory process and, consequently, increase legal certainty, both in the sector being regulated and for the State itself.

In parallel to this reality, there is the recent ruling 1448/2022 of the Federal Court of Auditors (TCU) which unexpectedly and contrary to its own previous understanding, considered the charging of the Container Segregation and Delivery Service (SSE) to be illegal, generating absolute regulatory and legal uncertainty in the port sector.

The article aims to establish the importance of a secure regulatory system, based on good practices established by the OECD, so that the port operator does not become hostage to untimely decisions that go against common sense, and which generate regulatory and legal uncertainty in the sector in an untimely and unexpected manner.