By Fernando Villela de Andrade Vianna
The National Civil Aviation Agency (ANAC) recently launched Public Consultation No. 09/22, with the aim of submitting to social participation the proposal for normative amendment to ANAC Resolutions No. 302/14, which establishes criteria and procedures for the allocation and remuneration of airport areas, and 116/09, which provides for auxiliary services to air transport.
For the purposes of this text, the focus will be on the suggested alteration, within the scope of ANAC Resolution nº 302/14, of attributing exclusively to the delegated entities (that is, Municipalities, States or Federal District) the competence to analyze and supervise the criteria for the allocation and remuneration of airport areas of public aerodromes under the administration of these public entities.
First, it is important to remember that, when the Regulatory Agency submits a certain matter to social participation, it does not mean that the regulator is effectively convinced that that is the best path to be pursued. Often, the initiative also serves the purpose of gathering different views from the regulated sector and civil society as a whole about a specific topic, which may provide the Agency with technical-legal subsidies or even alternatives to the problem initially identified. . It is also necessary to praise this type of ANAC initiative, insofar as it favors open and democratic debate and reduces the asymmetry of information generally present in the regulator-regulated relationship.
Having made this necessary caveat, I bring the following provocation: why is this topic relevant?
