Concessão de Aeroportos no Brasil: a transferência de gestão do Aeroporto de Confins para a iniciativa privada

Abstract

This dissertation deals with the concession of airports in Brazil, studying mainly the transference process of management of the Tancredo Neves International Airport- Confins to the public administration for the private sector. The concession of the airports managed by Infraero was initiated in 2011, and because it is a recent fact, there are few studies about the theme. The concession of the Confins Airport started in 2013, therefore, studies about it were not found, indicating the existence of a knowledge gap which this dissertation aims to minimize. For this, it was developed a qualitative research, whereby documental research, documental analysis and an adaptation of the content analysis, allied to literature research, to elaborate a case study. The auction notice and the concession contract were the main documents studied. It is emphasized that the auction had inversion of stages, in which the habilitation documents of the winner were analyzed just after the public auction. Another point was the auction criteria of judgment, that was the greatest granting offered, is considered by some authors as harming to the tariff moderateness foreseen in the Brazilian General Law of Concessions. Still about the auction notice there was the exigency of an airport operator that had moved more than 12.5 million passengers in one of the five years before the auction. With this it was demanded the participation of an international partner in the concessionaire, with experience in managing airport with the size of Confins Airport. The partners were Zurich Airport and Munich Airport International Beteiligungs- GMBH, however the second company does not compose the Specific Purpose Society- SPE that manages the airport. Its exit was justified for the SAC/PR as a corporate rearrangement foreseen in the contract. The composition of the SPE brings another controversial question, since besides the international partner Zurich Airport and Companhia de Participações em Concessões- CCR, that won the airport concession, there is also the participation of Infraero with 49% of the social capital of the concessionaire. This partnership of Infraero created a distinct model of concession, different from that one disposed in the legislation. It is evidenced that in the current regime of airport concession in Brazil the public administration transferred just part of the management to the private sector, with the public company that already managed the airport remaining in the administration, as a shareholder of the concessionaire. This hybrid is not foreseen in the legislation, causing a dysfunction in the public and private management. Also due to this participation, Infraero shares the financial obligations of the concessionaire, paying the Union proportionality. As the Union provides annual financial resources to Infraero it is created an unusual situation, where the Union spends and raises its resources at the same time. Still in the economic aspect, the charge of a high value of granting is justified to help the airport sector as a whole. It is noticed that the crossed subsidies that used to occur in the Rede Infraero remain, with the aggravating that now the private partner of the concessionaire will also indirectly invest in the airports with deficits. This point diverges of the concession object foreseen by the contract. It is concluded that the Confins Airport concession has many controversial aspects. New studies about the concession of Brazilian airports are needed, not only in the implementation stage, but during its whole term, to ensure that its main purpose, the quality of the public service, remains.