A atual gera??o de energia elétrica segundo a lógica de mercado e sua ainda caracteriza??o enquanto servi?o público

摘要

This paper’s goal consists in understanding the electric power generation activity as a public service, despite the insertion of a market-like logic through the deregulating and privatizing practices experienced in Brazil in the 90’s. Many grants, extended in the period in which the implementation of these new market regulations occurred, are to expire in 2015, revealing this discussion timely as to assist in the setting of new parameters for the public policy related to these ventures. Firstly, the country’s deregulating and privatizing practices are discussed, with particular emphasis on the National Deregulation Program. Subsequently, a brief contrast is made between the state-owned model, valid until then, and the market-like norms inserted for the activity’s regulation. Is it thus claimed that the deregulating and privatizing practices aimed to attract private capital to the sector without mischaracterizing, however, the activity as a public service. The legal requirements that allow one to classify a given activity as a public service are then analyzed, in order to distinguish it from economic activities, strictly speaking. Lastly, it is concluded that the electric power generation activity must be understood as a public service.