STF decision strengthens port regulation and guarantees SSE collection

The Second Panel of the Federal Supreme Court (STF) decided to annul a ruling by the Federal Audit Court (TCU) that questioned the charge for the Segregation and Delivery Service (SSE) in Brazilian ports. The decision represents a relevant milestone for the regulation of the port sector and reinforces the competence of the National Waterway Transport Agency (Antaq).

The judgment responded to arguments presented by the Brazilian Association of Container Terminals (Abratec), which maintained that the TCU exceeded its sphere of activity by interfering in matters of a regulatory nature. According to the entity, the definition and supervision of tariffs and port services are legal responsibilities of Antaq, the body responsible for regulating the sector.

By accepting this thesis, the ministers of the Second Panel understood that there was an invasion of jurisdiction by the Court of Auditors. As a result, the ruling was invalidated, reestablishing the legitimacy of SSE charges for terminals.

The STF’s decision is seen by the market as an important reinforcement of legal security and regulatory predictability, factors considered essential for attracting investments and for the efficient functioning of the port logistics chain.

Furthermore, the Court’s understanding more clearly delimits the institutional roles of the bodies involved, avoiding overlaps that could create uncertainty for operators and users of the port system.

Experts assess that the STF’s position tends to consolidate the technical autonomy of regulatory agencies, such as Antaq, especially on topics related to the tariff structure and the organization of port services.