Atuação regulatória do estado brasileiro no setor de telecomunicações: evolução histórica do mercado, resultados regulatórios e desafios futuros

Abstract

The provision of public services is essential in societies founded on the social state, as it constitutes the means by which the needs of the community are met. Among the list of collective needs, communications stand out, through which not only remote contact between individuals is made possible, but also the development of the country, through telecommunications services in general. It is important to draw an overview of the regulatory action of the Brazilian State in this important sector of the economy over time, aiming to understand the correlation between the dynamics of the telecommunications market and the forms of regulatory action of the Brazilian State, identifying the reasons that lead the State to opt for the privatization of the Telebrás System in 1998, and reflect on the regulatory results obtained then, in addition to considerations about future challenges in regulating the sector. The research methodology consisted of reviewing the literature related to the definition of public service, concepts related to the administrative structure of the State and economic theories related to the subject researched, such as the market failure thesis and regulation theories. An analysis of the historical evolution of the sector and the options adopted by the Brazilian State in the administration of national telecommunications over time was also carried out, establishing a time frame up to the 1950s, as well as a critical analysis of the results arising from the privatization and regulation of the sector. based on consultations with public data made available by the National Telecommunications Agency (Anatel). Law nº 9,472, of July 16, 1997, General Telecommunications Law (LGT), establishes that only fixed telephony constitutes a public telecommunications service, to which universalization and continuity obligations apply, with other services, such as mobile telephony, provided under the private regime. It was found that technological advances determined innovations in state regulation of the sector over time. The 1998 privatization was a necessity arising from macroeconomic factors, materialized mainly in the growing external debt and instabilities in the political scenario during the 1980s. Anatel's regulatory actions made it possible to expand access to all telecommunications services in the country, but there is still a need to improve the perception of service quality by consumers, as well as future challenges for the regulatory body, such as the approaching end of fixed-line telephone concession contracts in 2025.