New Legal Framework for Railway Transport

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LAW NO. 14.273/2021

On 12/23/2021, Law No. 14,273/2021 was published in the Federal Official Gazette , which seeks to simplify and reduce bureaucracy in the procedure for operating the rail transport service and, therefore, attract private investments in the construction of railways, in the use of idle stretches and in the provision of the service.

Below are the main innovations brought by the Law:

EXPLORATION BY AUTHORIZATION

Law No. 14,273/2021 provides for the possibility of operating new railways by means of a simple authorization, as is already the case in the port, airport and telecommunications sectors.

In the previous system, the exploration of railways by private companies could only take place under concession or permission regimes, via bidding. In these, the government was responsible for preparing the entire project, structuring it and auctioning it, in addition to receiving back the movable and immovable assets that make up the railroad at the end of the concession.

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