Brazil’s Supreme Court Reinstates Port Fee Rules, Overturning Audit Court Decision

Supreme Federal Court (STF) Justice Dias Toffoli has reinstated the validity of the National Waterway Transport Agency (Antaq) rules regarding the fee charged by port terminal operators for the Segregation and Delivery Service (SSE) for containers. The decision overturns a prior ruling by the Federal Court of Accounts (TCU).

The rules, set out in Resolution No. 72/2022 of the agency, had been suspended by the TCU. The SSE is a fee charged for moving containers from a typical stack to the importer’s truck. According to the TCU, this charge would constitute an infraction of economic order, as the service is used in both import and export operations. Yet, the fee applies only when cargo arrives in the country. Cargo owners and customs facilities cannot choose the port operator and are therefore subject to the tariffs charged by the terminals.

In his decision, Toffoli stated that by prohibiting the SSE charge, the TCU overstepped its institutional authority and attempted to resolve a regulatory issue within Antaq’s jurisdiction. According to the minister, the agency has greater institutional capacity than the TCU to set rules governing port services.

The rapporteur also noted that, during the drafting process of Resolution 72/2022, the Administrative Council for Economic Defense (Cade) recognized that charging the SSE is not illegal in itself and that any abusive practices should be assessed on a case-by-case basis (MS 40087).

Source: Valor Econômico – “STF reinstates port fee charges on import services

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