State-owned Enterprises and the Regime of Law No. 13,303/2016: Limits of Contractual Autonomy When the State-owned Enterprise Competes in a Regulated Market — Comparative Analysis of Governance Models
Year: 2026
Type: book-chapter
Abstract: This article examines the limits of contractual autonomy of state-owned enterprises subject to Brazilian Law No. 13,303/2016 when they operate in regulated markets and compete with private firms. The qualitative, doctrinal and comparative research combines legislation, case law, OECD documents and scientific studies published from 2016 to 2025. Brazil is compared with Portugal, Norway and Singapore. The findings show that corporate autonomy is functional rather than sovereign: it enables competition, innovation and timely commercial decisions, but remains constrained by statutory purpose, fiduciary duties, transparency, integrity, economic rationality and performance control. In regulated markets, institutional separation between the state as owner, policy maker and regulator is essential to competitive neutrality. The comparative evidence supports coordinated ownership, professional boards and measurable public-policy mandates. The article concludes that contractual autonomy should be reviewed through a matrix of purpose, risk, competition, integrity and accountability rather than through automatic transplantation of the general administrative procurement regime.
Source: Seven Editora eBooks
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7213760596