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and application
►The Problem
What are institutions?
►Different dimensions institutions
►The New Institutional Economics
Economic governance
►Different measures of institutional quality
►Application of the Brazilian Infrastructure Sector
►Consequences
The problem
The Brazilian economy is stable;
Very low exchange risk;
Emerging Markets Bond Index Plus (EMBI+) in the lowest level of the
history;
Stimulated interest rates for investments in the electrical sector;
In other words, favorable macroeconomics conditions;
But costs for investments in the production of electrical energy still
elevated;
Last bidding: US$ 72/MWh,
USA: Price in the wholesale market: US$ 45 to US$ 50/MWh;
Spain: Price in the wholesale market : US$ 50 a US$ 60/MWh;
Why?
Maybe the answer is the quality of the institutions;
Maybe the problem is the regulatory infrastructure;
Maybe both come together;
The concepts of institutions and economic
governance are essential to comprehend this issue;
Recent studies of World Bank help to comprehend
the conceptual aspects;
That is what we will see from now;
What are institutions?
“Institutions are the rules of the game in a
society; are the humanly devised constraints
that shape human interaction” (North 1990, p. 3);
Economic, political and social Interactions
Informal institutions - informal constraints:
sanctions, taboos, customs, tradition and code of
conduct;
Formal institutions - formal rules: constitutions,
laws, property rights;
Different dimensions institutions (Dixit, 2007)
Purpose of institutions
Protection of property rights;
Enforcement of voluntary contracts among individuals;
Provision of the physical and regulatory infrastructure;
The functioning of the first two categories
Different dimensions institutions (Dixit, 2007)
The nature of the institutions
The formal state institutions that enact and enforce the
laws:
Legislature, police, judiciary, and regulatory agencies;
Institutions of private ordering that function under
umbrella of state law;
Private for-profit institutions that provide information and
enforcement;
Self-enforcement within social or ethnic groups and
network;
The New Institutional Economics (Williamson,
2000)
Institutional environment: formal rules of the
game: include:
Executive;
Legislative;
Judicial;
The definition and enforcement of property rights
and of contract laws are important features;
The New Institutional Economics (Williamson, 2000)
Institutions of Governance: play of the game
The governance of contractual relations becomes the
focus of analysis;
A governance structure reshapes incentives;
Transactions costs economics;
Markets;
Vertical integration;
Hybrids;
Economic governance
“Process that support economic activity and economic
transactions by protecting property rights, enforcing
contracts, and taking collective action to provide
appropriate organizational infrastructure” (Dixit, 2007,
p.1);
Process:
Formal institutions or
Informal institutions;
Economic governance
“Study of good order and workable arrangements”
(Williamson, 2005, p.3);
Includes:
Institutions that underpin economic transactions;
Protecting property rights;
Enforcing contracts;
Control of corruption;
Application of the Brazilian Infrastructure Sector
Rule of Law and government effectiveness
Governmental attempts to change regulatory policy
Increase in telephone rates in June 2003, in accordance with the
concession contracts
Federal Court in Fortaleza imposed the IPCA rather than the IGP-
DI (Contract);
Superior Justice Tribunal sustained ANATEL´s decision to use the
IGP-DI;
Institutional constraints and safeguards - Court
The president of ANATEL was forced out of office;
Autonomy?
Attempt to change the entire set of rules underlying the regulatory
system
Application of the Brazilian Infrastructure Sector
Rule of Law
Law of ANEEL was modified more than 70 times between 1997 and
2006;
Changes were proposed by the National Congress
Federal Government;
Pressure of groups of interests;
General Law of Telecommunications had only two changes;
Changes in the concession contracts;
Questioned the Law’s quality
Application of the Brazilian Infrastructure Sector
Regulatory quality and Rule of Law
Questionings of the tariff readjustments:
CPI of CELG; CPI of CELPE; CPI of ENERSUL;
Many questionings of Brazilian Court Audit (TCU) related to
concepts and regulations;
Conflict of attributions : Government versus ANEEL
Many regulators?
Regulator in the last instance?
Regulatory collapse;
Regulatory vacuum;
Questioned the regulation’s quality;
Application of the Brazilian Infrastructure Sector
Regulatory quality and Rule of Law
Environment versus economic governance:
Release of ambient licenses;
Actions of the Public Ministry;
Conflicts of attributions: Government Public Ministry
ANEEL;
Many enterprises do not conclude or do not start;
Changes in the concession contracts;
Higher costs of transaction;
Higher investors’ requirements;
Questioned the regulation’s quality;
Application of the Brazilian Infrastructure Sector
Consequences:
Vulnerability of the regulatory infrastructure;
Risk to increase the unreliability of the investors;
Higher costs of transaction;
Electrical system expands in a non optimum way;
Thermoelectric due to hydroelectric;
Actual macroeconomics advantages are not well explored
More expensive investments;
Release of ambient licenses;
Actions of the Public Ministry;
Thank you for your attention!
Site: www.aneel.gov.br
Phone: (+55) 61 2192-8604
Fax: (+55) 61 2192-8615
E-mail: institucional@aneel.gov.br