ANTAQ reinstates container segregation and delivery fee after Supreme Court ruling

The National Waterway Transport Agency (ANTAQ) published on Friday (24) an ad referendum ruling that, in compliance with a decision by Brazil’s Supreme Federal Court (STF), reinstates authorization for the collection of the Segregation and Delivery Service (SSE) – also known as THC2.

The Supreme Court annulled a ruling by the Federal Court of Accounts (TCU) that had prohibited the fee and restored ANTAQ’s previous decision. In his opinion, Justice Dias Toffoli noted: “In this case, it is clear to me that ANTAQ holds greater institutional and technical capacity than the TCU to address the regulatory issue in question, considering its institutional mandate, experience and specialized staff.”

The director and rapporteur of the case, Wilson Lima Filho, emphasized in his vote the clarity of the Supreme Court’s ruling, which leaves no doubt — based on the reasons cited by Justice Dias Toffoli — regarding the full reinstatement of ANTAQ Resolution No. 72/2022.

The decision also references additional judicial rulings from other courts on the same matter, which are not affected by the Supreme Court’s writ of mandamus.

It should be noted that although this publication merely complies with the STF decision at this stage, the topic will undergo broader debate within the agency, as it has been included in the 2025–2028 Regulatory Agenda, as set forth in ANTAQ Ruling No. 677/2025, issued in October this year.

Source: Informativo dos Portos 

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