Decision of the Federal Court of Auditors that prohibited the collection of SSE is annulled by the STF

The Federal Supreme Court, through Minister Dias Toffoli, annulled, with unanimous agreement among its ministers, a decision by the Federal Court of Auditors (TCU) that prevented the collection of the SSE fee (Segregation and Delivery Service), carried out by port terminals in the management and availability of imported cargo.

The SSE corresponds to the tariff charged by port operators or lessees, referring to the process of separating containers after unloading the ships and the subsequent availability of these units to importers. According to the TCU, this charge could constitute a violation of the economic order, since the service is carried out in both import and export operations, but the tariff is only applied when the goods enter the country. Furthermore, neither the cargo owner nor the customs area have the possibility of choosing the port operator, thus being subject to the values ​​defined by the terminals.

The action was filed by the Brazilian Association of Container Terminals (ABRATEC), after filing a writ of mandamus. Dias Toffoli recognized the thesis of the National Waterway Transport Agency (Antaq), understanding that the TCU advanced on competencies that are the responsibility of Antaq itself.

In his vote, Toffoli also highlighted that Antaq addressed the issue throughout technical processes and public consultations carried out within the scope of regulation of the port sector, in addition to highlighting that the TCU exceeded its competences by replacing the regulatory agency in a regulatory decision, highlighting that it is up to the court to exercise oversight over public administration, but not to replace technical decisions, which must be adopted by specialized regulatory bodies.