The notice path: understand all the stages of a public concession

In the scenario of constant search for development and efficiency, public concessions appear as a fundamental way to modernize Brazilian infrastructure. By promoting partnerships between the public sector and the private sector, Brazil has promoted large-scale projects, ensuring investments, innovation and, above all, the continuous improvement of services provided to the population.

Every large public concession project has its origins in well-developed strategic planning. Identifying the need to expand or modernize an infrastructure, be it a port, airport or highway, generally comes from analyzes carried out by ministries and government bodies. In the case of the port sector, for example, the Ministry of Ports and Airports (MPor) is the protagonist. The objective is clear: attract private capital to sectors that demand high investments, freeing the government to redirect public resources to essential areas such as health and education, and ensuring that the public interest is always the guide at each stage.

According to the national secretary of Waterways and Navigation, Otto Luiz Burlier, the process is conducted based on technical criteria and institutional responsibility. “Each concession arises from rigorous technical planning and a commitment to the public interest. The objective is to guarantee investments, increase the efficiency of infrastructure and improve services provided to the population, always with transparency, social participation and legal security at all stages”, highlighted the secretary.

“Each concession arises from rigorous technical planning and a commitment to the public interest”
Otto Luiz Burlier
Feasibility studies
The National Waterway Transport Agency (Antaq), as the sector’s regulatory agency, assumes a central role in this stage. It is at this moment that the Technical, Economic and Environmental Feasibility Study (EVTea) is prepared.
This document is considered the backbone of any concession, as it details the business model, necessary investments (Capex), operational costs (Opex), expected demand for the service and the ideal concession term.

According to the director of MPor’s Navigation and Promotion Department, Daniel Aldigueri, technical planning is what ensures balance and sustainability to the contract. “When we structure a concession, we are designing a long-term project. The studies evaluate demand, investments and contract sustainability to ensure economic balance and quality in service provision. The result is more operational capacity, job creation and modern infrastructure that directly benefits users, workers and companies”, he concluded.

Democracy and transparency
In all concessions in Brazil there is social participation. After completion of the feasibility studies, Antaq makes all documentation available for consultation and public hearing. This is a crucial moment for companies, experts, professional associations and citizens to analyze the project, present suggestions, criticisms and contributions.

Public hearings, whether in-person or virtual, promote an open and democratic debate with civil society, allowing the project to be refined and improved, incorporating different perspectives and ensuring that social needs are addressed.

TCU analysis
And before any concession project advances to the auction, it undergoes analysis by the Federal Audit Court (TCU), which evaluates all aspects of the process, verifying the legality, economics and viability of the proposal. This step is essential to guarantee the legal security of the concession, protect the public treasury and ensure that conditions are fair and balanced for all parties involved.

The TCU may request adjustments or clarifications, issuing rulings that direct the improvement of the project.

Auction at B3

With the approval of the TCU, Antaq publishes the auction notice, which defines the rules of the dispute between interested parties. The auction, frequently held on the Stock Exchange (B3), is the moment when the private sector presents its proposals. The dispute can occur based on criteria such as the highest grant or lowest tariff.

The conclusion of the auction marks the beginning of a new cycle of investments, modernization and generation of opportunities.
An emblematic example of the impact of concessions is the Tecon Santos 10 Terminal (STS10) project, at the Port of Santos, the largest port complex in Latin America. The container terminal expects an investment of R$6.4 billion and is in the final stage of adjustments following recommendations from the TCU.

The concession of Tecon Santos 10 represents an important leap for the port, with the expectation of a significant increase in cargo handling capacity, the generation of thousands of direct and indirect jobs and the incorporation of new technologies to make Brazilian foreign trade more efficient.

Legacy of concessions
Public concessions, especially in the port sector, contribute to increasing the country’s logistical efficiency, reducing costs for exporters and importers and making Brazilian products more competitive on the international market. Furthermore, these projects generate jobs from the construction phase to the operation of the structures. The collection of grants also contributes to public coffers, while the modernization of infrastructure occurs without putting direct pressure on the federal budget.

Concessions therefore represent a way to expand investments, improve services and strengthen Brazil’s logistics infrastructure.

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