AGU ensures the continuation of the Port of Santos privatization project

The Brazilian Office of the General Counsel for the Federal Government (AGU in Portuguese) prevented, in court, the suspension of procedures prior to the privatization of the Port of Santos.

The action took place within the scope of two collective civil actions filed by unions to request the suspension of public consultation and hearing scheduled by the National Waterway Transport Agency (Antaq).

AGU contested the request, explaining that the technical justifications for the project have already been presented and that the documents that support the proposal are available on the Antaq website for public knowledge so that the agency observed the principles of transparency and publicity.

The Federal Court of Santos rejected the unions’ request for an injunction. The decision noted that the public hearing, held on February 10, is an opportunity for “plural debate and active participation of the port community.” “It seems that, notably by the studies mentioned by the Union in its manifestation, the motivation complies with constitutional principles, capable of initiating the privatization procedures,” highlighted the court in an excerpt of the decision.

Union lawyer Rafael Cardoso de Barros says that the members of the AGU acted quickly and efficiently in the case, presenting to the court in less than 48 hours the damages that any suspension of the hearing would cause to the schedule of the preparatory procedures for the bidding.

“After the auction, the Federal Government will be able to obtain revenues of around R$ 28 billion during the entire concession period, in addition to investments in the port region and the cities around Santos”, he emphasizes.

The Regional Public Service Coordination of the Federal Attorney’s Office of the 3rd Region, the Legal Consultancy of the Ministry of Infrastructure, and the Federal Attorney’s Office of Antaq acted in the case.

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