Brazil’s Antaq makes settlement talks mandatory in container logistics billing disputes

Brazil’s waterway transport regulator, Antaq, has created a mandatory settlement stage for complaints involving allegedly improper charges in container logistics, adding a new step before cases move into formal enforcement proceedings.

The measure is aimed at encouraging negotiated solutions between the parties and speeding up the resolution of disputes in a sector where importers, exporters, freight forwarders, terminals and shipping-related service providers often clash over logistics costs, storage charges and container-related fees.

Under the new rule, issued by Antaq’s Superintendence for Enforcement and Coordination of Regional Units, the settlement stage will apply to complaints that are still under regulatory review and had not resulted in a formal infraction notice by Feb. 13, 2026.

If the parties reach an agreement, the complaint will be closed without penalties. If no settlement is reached, the case will proceed through Antaq’s regular enforcement process.

After Antaq receives a complaint, the parties will be notified and given 15 days to seek a resolution. The deadline may be extended at the discretion of the technical unit handling the case. During that period, the parties may negotiate directly to clarify the facts and try to reach an agreement.

The rule also provides for the future use of digital tools to automate the new workflow, with the goal of making complaint analysis faster and more efficient.

“Last year, the agency prevented R$30 million in improper demurrage charges. Now, with the process covering the entire container logistics chain, the number of agreements should increase considerably,” said Alexandre Florambel, Antaq’s superintendent for enforcement and regional unit coordination.

The new procedure also sets admissibility requirements for complaints. Companies must present documents proving the logistics operation, the contested charge and a prior attempt to resolve the issue directly with the party responsible for the billing.

Even when a settlement is reached, the cases will remain registered in Antaq’s systems. The agency said the records will support regulatory monitoring and help identify repeated abusive practices. If signs of recurring irregularities are found, Antaq may open targeted enforcement actions.

Source: Antaq

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