The Santos Port Authority (APS) celebrated the decision issued by the Federal Court of Accounts (TCU), through Judgment No. /2026 – Plenary, which restored the original terms of the transitional contract for area SSZ 35.2, guaranteeing legal certainty, regulatory stability and respect for the conditions stipulated in the simplified public selection process carried out by the entity for the temporary lease of the Port of Santos.
The court, by a majority of votes, recognized that the restrictions subsequently imposed by the National Waterway Transport Agency (Antaq), after the approval of the bidding process and the signing of the contract, exceeded the appropriate limits of regulatory action by altering essential elements of the already executed contract.
With this decision, the lessee will be able to operate fully in accordance with the conditions originally stipulated in the tender and the signed contract, including the restoration of the multi-cargo profile of the area and the previously guaranteed berthing preference.
The Federal Court of Accounts (TCU) ruled that Antaq must rectify, within fifteen days, the previously issued restrictions. The understanding reached by the court reinforces that subsequent unilateral changes, once the selection process has been definitively concluded, compromise legal certainty, equality among bidders and the economic and financial balance of the contracts.
By restoring the originally agreed conditions, the court preserves the economic viability of port operations and guarantees the efficient continuity of activities in the leased area, avoiding operational losses, cargo losses and a reduction in revenue for the Port of Santos.
Previously, Antaq had restricted its operations exclusively to general cargo, excluding the handling of solid and liquid bulk cargo, and had also eliminated the preferential berthing clause stipulated in the tender. In a review vote approved by the majority of the Plenary, it was highlighted that such modifications entailed serious financial repercussions and substantially distorted the winning proposal presented in the bidding process.
For APS, the ruling reinforces the legally secure environment, essential for attracting new private investments in structuring projects for the Port of Santos, including future initiatives of great logistical importance, such as Tecon 10. According to the entity, restoring the original conditions guarantees the immediate resumption of the full operational viability of area SSZ 35.2, avoiding the maintenance of a strategic berth being inoperative and ensuring greater logistical efficiency for the organized port.
Furthermore, according to the port authority, the entire port logistics chain benefits from the restoration of the originally contracted competitive conditions, which preserves the operational efficiency of the Port of Santos and reinforces APS’s commitment to governance, transparency and strict compliance with regulatory and bidding rules.
“The favorable outcome strengthens APS’s governance and reaffirms the importance of legal certainty for the development of the national port sector. The ruling restores justice regarding the terms originally stipulated in the tender, puts an end to a debate that lasted over a year and a half, and allows the efficient use of a strategic area that remained inoperative, generating revenue losses and cargo diversion to other locations,” highlighted the president of APS, Anderson Pomini.
