Brazil audit court prosecutor calls for suspension of Santos-Guarujá tunnel auction

In a petition filed this Tuesday (2), the Deputy Prosecutor General of the Public Prosecutor’s Office at the Federal Audit Court (MPTCU), Lucas Rocha Furtado, is requesting the suspension of the Santos-Guarujá tunnel auction, scheduled for Friday (5).

In the document sent to the president of the Federal Audit Court (TCU), Bruno Dantas, Furtado asks that the possibility of reopening the deadline for receiving bids be considered. The text also requests the court to “examine and evaluate the Santos-Guarujá tunnel auction, in light of indications that the National Bank for Economic and Social Development (BNDES) may have favored foreign groups and imposed restrictions on Brazilian companies, making their participation in the bidding process unfeasible.”

The request will be reviewed by TCU auditors and subsequently forwarded to Dantas for a decision.

Last Friday (29), Dantas received representatives from the Ministry of Ports and Airports, the São Paulo state government, and the Santos Port Authority (APS) to agree on amendments to the technical cooperation agreement for the tunnel’s construction.

Only two companies submitted bids for the auction: Spain’s Acciona and Portugal’s Mota-Engil.

An article in Folha de S. Paulo, cited by Furtado, states that Odebrecht and Andrade Gutierrez had intended to participate in the bidding but withdrew after failing to secure financing sources. They also complained about the difficulties encountered in meeting the guarantees allegedly required by BNDES.

Hampered by the economic situation and high interest rates, the Brazilian construction firms said they were unable to take on the level of debt required for the project, which is estimated at R$6.8 billion. Of this total, R$5.14 billion will be split between the federal and São Paulo state governments.

Behind the scenes, the Brazilian groups are reportedly complaining about possible favoritism toward foreign companies. BNDES denies that such favoritism occurred.

When contacted by the press, the bank stated that “there is no private financing request submitted to BNDES for the construction of the Santos-Guarujá tunnel.”

“BNDES is the main infrastructure financier in Brazil and has played an innovative role in the sector, receiving broad recognition, including 17 international awards since 2023 for structuring financing for large infrastructure projects,” the bank said in a statement.

Operation Car Wash

Both companies (Odebrecht and Andrade Gutierrez) also claim they are still suffering from the financial and reputational damage caused by “Operation Car Wash.” The construction firms were accused of involvement in a corruption scheme and signed agreements with the Public Prosecutor’s Office. In 2024, the R$8.5 billion fine imposed on Odebrecht was suspended by the Supreme Federal Court (STF).

“In my view, this situation raises concerns about the possible exclusion of Brazilian companies from a strategic project for the country, compromising national sovereignty and the development of the local infrastructure industry,” said the Deputy Prosecutor.

“Therefore, I believe the exclusion of Brazilian companies from a project of this magnitude could have negative impacts on the national economy, in addition to undermining sovereignty in strategic areas.”

He also pointed out that restrictions possibly influenced by “fear of repeating past mistakes,” such as those exposed during Operation Car Wash, could harm the country’s economic and technological development.

Source: Valor Econômico

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