Brazil’s ABTP wins final court ruling exempting private terminals from water surface fees

The Brazilian Association of Port Terminals (ABTP) is celebrating a landmark legal victory for Brazil’s private port sector. In a final ruling issued in October 2024, the courts confirmed that the Secretariat of Federal Heritage (SPU) does not have authority to charge private-use terminals (TUPs) associated with ABTP for the use of the “waterfront” or water surface area. After the SPU questioned the scope of the ruling, the decision was reaffirmed last Wednesday (22) by a new judgment from the Federal Court of the 1st Region.

The lawsuit, filed by ABTP in 2012, challenged the SPU’s attempt to impose an annual fee for the use of the water area located directly in front of port terminals. The association argued that such a charge represented a legal and economic setback, creating regulatory uncertainty and discouraging new investments in port infrastructure.

The court upheld ABTP’s arguments, confirming that the authorization or concession granted for port operations already includes the right to use the adjacent water surface, and therefore, no additional fee may be charged by the federal government.

The ruling applies to all current and future ABTP members, regardless of when they joined the association, provided they are formally affiliated at the time they invoke the court’s decision. The judgment also has a nationwide effect, with no territorial restrictions.

According to ABTP’s president-director, Jesualdo Silva, the outcome is historic for the association’s members. “We celebrate this decision because it strengthens a key milestone for legal certainty in the sector and for the predictability of private investment in port terminals. The ruling confirms ABTP’s commitment to acting in a technical and institutional manner to defend the legitimate interests of its members and to promote a stable and investment-friendly regulatory environment for Brazil’s port infrastructure,” he said.

Source: ABTP

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