Bill to Restore Decision-Making Power to Port Authority Councils Advances in Brazil’s Lower House

A bill advancing in Brazil’s Chamber of Deputies aims to restore the decision-making authority of the Conselhos de Autoridade Portuária (CAPs – Port Authority Councils). In the last revision of the Ports Law (Law 12.815/2013), twelve years ago, CAPs were weakened and relegated to merely consultative roles.

The proposal was recently approved by the Public Administration and Civil Service Committee in the Chamber and will now proceed to the Constitution, Justice, and Citizenship Committee. After that, it will move to the Senate since the bill is being processed conclusively through the committees—thus bypassing a floor vote in the Chamber, according to A Tribuna.

Bill No. 3564/2019 was introduced by federal deputy Rosana Valle (PL). “It’s about restoring the council’s authority to make administrative decisions—such as budget, operating hours, facility usage, development, and zoning—that, before the current Ports Law, were under their jurisdiction but are now centralized under the Ministry of Ports and Airports (MPor),” said Valle.

The deputy argues that this centralization has harmed Brazilian ports. “Because the councils were local, they had a better understanding of the specific needs of the ports they served,” she explained. “We are essentially advocating for greater municipal participation in port governance, as opposed to a model concentrated in Brasília.”

The bill’s rapporteur, federal deputy Luiz Gastão (PSD-CE), supported the approval of PL 3564/2019 along with related proposals (PLs 1064/2021 and 1455/2023), which were combined into a new substitute text. He echoed concerns over the damage caused by centralization: “This change may not have affected all ports, but some have seen performance decline due to more bureaucratic decision-making.”

Rosana Valle emphasized that the substitute text maintained the essence of her bill while refining the composition of the council. It includes representatives from the business community, port workers, users, and public authorities at all levels. “This makes the council more democratic and participatory, which we view as extremely positive for the port sector,” she added.

Consolidation Under a New Legal Framework

The initiative, however, could face obstacles. A new and broader legislative proposal, PL 733/2025, which seeks to revise the entire legal framework governing ports, was introduced this year. It also proposes changes to the role of CAPs, and there is a growing tendency to consolidate all similar bills under this larger framework.

A special committee has already been established by Chamber President Hugo Motta (Republicanos-PB) to evaluate PL 733. Deputy Paulo Alexandre Barbosa (PSDB), a member of the committee, has requested the incorporation of the earlier proposal (PL 3564/2019).

“However, PL 733/2025 reverts CAPs to a consultative role and proposes a council with 23 members, whereas the earlier substitute text from the rapporteur suggests 30 members,” Valle noted. “We continue to advocate for CAPs to have real and relevant decision-making powers and will actively participate in the special committee’s negotiations to include this revision.”

Ports Law Revision Gathers Pace

Chamber President Hugo Motta established the special committee earlier this month to assess PL 733/2025, which proposes an overhaul of the Ports Law (12.815/2013) aimed at modernizing the sector. Deputy Murilo Galdino (Republicanos-PB) will chair the committee, with Deputy Arthur Maia (União-BA) serving as rapporteur. The committee will streamline the bill’s progress by bypassing other standard committee reviews.

Real Authority Still in Dispute

Valle reiterated the main point of contention: “PL 733/2025 returns the councils to a consultative status and reduces their size to 23 members, while the substitute text maintains a more inclusive 30-member structure. We will remain firm in our defense of deliberative CAPs with real and significant powers and will be active in the special committee discussions.”

Source: A Tribuna

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