Posted on April 8, 2026
By Sylvia Schandert
The port concession pipeline planned by the government of Brazil includes a series of strategic projects that face a significant risk of judicial challenges. A survey conducted by the National Waterway Transportation Agency (ANTAQ) indicates that at least 12 projects could be halted in court due to specific legal disputes or provisions established in bidding documents.
Among the most sensitive projects is STS 10, a mega container terminal planned for the Port of Santos. The project is considered the main asset in the pipeline and also the most vulnerable to litigation.
The study was prepared by ANTAQ at the request of the Office of the Attorney General of the Union (AGU), which aims to anticipate potential legal conflicts involving key federal tenders. The strategy is to identify vulnerabilities in advance that could jeopardize auction processes.
The mapped projects include major cargo terminals, access channel concessions, and port leases across various regions of the country. In the case of STS 10, the terminal is planned for the Saboó area on the right bank of the port, covering an estimated 622,000 square meters dedicated to container handling and general cargo.
Despite growing complaints over long waiting times for vessel berthing and container loading, the Port of Santos remains the busiest in South America. The chart below shows monthly container export and import volumes through Santos, according to data from the DataLiner platform:
Container Exports and Imports | Port of Santos | Jan 2023 – Feb 2026 | TEUs
Despite its importance, the project still has no defined auction date. Industry players already acknowledge the possibility that the tender may not take place in 2026, amid repeated changes to the official schedule. Since last year, the government has indicated different timelines, ranging from the second half of 2025 to sometime this year.
Ports and Airports Minister Silvio Costa Filho recently stated that the auction should take place “over the course of the year” and that he intends to discuss the schedule directly with the president. The signal, however, has been received cautiously by port operators interested in the project.
Changes to the timeline are linked to internal disagreements within the government over the tender model. The Ministry of Ports and Airports and ANTAQ support a two-phase format, in which companies already operating at the Port of Santos would be excluded from the first stage. By contrast, the Civil House and the Federal Court of Accounts favor a model with no participation restrictions. The debate also involves pressure from major international groups interested in the asset.
Beyond STS 10, ANTAQ’s list includes projects across all regions of Brazil. In the North, these include the MCP01 terminal at the Port of Santana (AP) and IQI16 at the Port of Itaqui (MA). In the Northeast, projects include NAT01 at the Port of Natal (RN), TMP Recife at the Port of Recife (PE), MUC04 at the Port of Fortaleza (CE), and SUA01 at the Port of Suape (PE).
The list also includes SSD-A3 at the Port of Salvador (BA), as well as projects in the South and Southeast, such as POA26 at the Port of Porto Alegre (RS), ITJ01 at the Port of Itajaí (SC), the SSB01 lease at the Port of São Sebastião (SP), and the concession of the access channel to the Port of Itajaí.
The list of projects was requested by the AGU in January and recently provided by ANTAQ. In the meantime, some projects have already advanced to the auction stage. In February, the government held a tender at B3 in São Paulo for three terminals: MCP01, POA26, and NAT01.
The outcome, however, showed limited competition. The MCP01 terminal at the Port of Santana was awarded to CS Infra with a symbolic bid of R$2, under a model that предусматри investments of R$150.2 million over a 25-year contract.
Days before the auction, a federal court decision temporarily suspended the tender following a lawsuit filed by Rocha Granéis, which operates at the port. ANTAQ appealed and overturned the injunction, allowing the auction to proceed.
Another asset auctioned was the POA26 terminal at the Port of Porto Alegre, awarded for R$10,000 to the Portos do Sul Consortium, formed by Soluções Inteligentes Operadores Portuários and Simetria Logística. The project predicts investments of around R$21 million under a 10-year contract.
The NAT01 terminal at the Port of Natal was acquired by Fomento do Brasil for R$50,000, with planned investments of R$55.17 million over 25 years.
A fourth project, TMP Recife, was initially included in the same auction session but was withdrawn at the request of the local port authority, which asked for more time to review the project’s technical data.
In the inland waterways sector, the government also faces challenges. The Ministry of Ports and Airports had to revise its concession schedule following opposition from indigenous communities to river projects in the Amazon region.
Delays now amount to up to two years compared to the original timeline. One example is the concession of the Madeira River waterway, initially scheduled for July last year but postponed to 2027.
Against this backdrop, the federal government is seeking to balance progress in its concession agenda with the need to reduce legal risks and ensure investor certainty, at a time considered strategic for the country’s logistics infrastructure.
