Hybrid governance structure between public company and private partners: the case of Infraero in the Brazilian airline sector

Abstract A public-private partnership (PPP) model has been adopted in Brazil for the modernization of its main national airports. Until 2017, the institutional setup imposed the public company Infraero to participate with 49% in the joint venture for the management of the airports subject to PPP. Th...

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Main Author: Paulo Burnier da Silveira
Format: Article
Language:English
Published: Fundação Getúlio Vargas, Escola de Direito
Series:Revista Direito GV
Subjects:
Online Access:http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322018000200537&lng=en&tlng=en
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author Paulo Burnier da Silveira
author_facet Paulo Burnier da Silveira
author_sort Paulo Burnier da Silveira
collection DOAJ
description Abstract A public-private partnership (PPP) model has been adopted in Brazil for the modernization of its main national airports. Until 2017, the institutional setup imposed the public company Infraero to participate with 49% in the joint venture for the management of the airports subject to PPP. The remaining 51% shares belong to private companies, namely those that constitute the consortium group that won the correspondent public tender. This paper analyses this hybrid governance structure, including the main advantages and disadvantages, for both government and private parties, in maintaining a state-owned enterprise with a mandatory 49% share in the winner consortium. It focuses on five main aspects: access to knowledge; government influence on decisions, funding, and risk-sharing; cross subsidization and competition. The paper also summarizes its main findings and recommendations for future rounds of airport concessions in Brazil, in particular to underline overall inconveniences of the mandatory rule that imposes to Infraero a 49% share in all winner consortiums.
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spelling doaj-art-e0556f9452f84af59ef20b4edf17b7c62025-02-03T00:52:12ZengFundação Getúlio Vargas, Escola de DireitoRevista Direito GV2317-617214253755610.1590/2317-6172201822S1808-24322018000200537Hybrid governance structure between public company and private partners: the case of Infraero in the Brazilian airline sectorPaulo Burnier da SilveiraAbstract A public-private partnership (PPP) model has been adopted in Brazil for the modernization of its main national airports. Until 2017, the institutional setup imposed the public company Infraero to participate with 49% in the joint venture for the management of the airports subject to PPP. The remaining 51% shares belong to private companies, namely those that constitute the consortium group that won the correspondent public tender. This paper analyses this hybrid governance structure, including the main advantages and disadvantages, for both government and private parties, in maintaining a state-owned enterprise with a mandatory 49% share in the winner consortium. It focuses on five main aspects: access to knowledge; government influence on decisions, funding, and risk-sharing; cross subsidization and competition. The paper also summarizes its main findings and recommendations for future rounds of airport concessions in Brazil, in particular to underline overall inconveniences of the mandatory rule that imposes to Infraero a 49% share in all winner consortiums.http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322018000200537&lng=en&tlng=enParceria Público-Privada (PPP)empresas públicasgestão de aeroportos no Brasildesenhos institucionais
spellingShingle Paulo Burnier da Silveira
Hybrid governance structure between public company and private partners: the case of Infraero in the Brazilian airline sector
Revista Direito GV
Parceria Público-Privada (PPP)
empresas públicas
gestão de aeroportos no Brasil
desenhos institucionais
title Hybrid governance structure between public company and private partners: the case of Infraero in the Brazilian airline sector
title_full Hybrid governance structure between public company and private partners: the case of Infraero in the Brazilian airline sector
title_fullStr Hybrid governance structure between public company and private partners: the case of Infraero in the Brazilian airline sector
title_full_unstemmed Hybrid governance structure between public company and private partners: the case of Infraero in the Brazilian airline sector
title_short Hybrid governance structure between public company and private partners: the case of Infraero in the Brazilian airline sector
title_sort hybrid governance structure between public company and private partners the case of infraero in the brazilian airline sector
topic Parceria Público-Privada (PPP)
empresas públicas
gestão de aeroportos no Brasil
desenhos institucionais
url http://www.scielo.br/scielo.php?script=sci_arttext&pid=S1808-24322018000200537&lng=en&tlng=en
work_keys_str_mv AT pauloburnierdasilveira hybridgovernancestructurebetweenpubliccompanyandprivatepartnersthecaseofinfraerointhebrazilianairlinesector