Court orders São Francisco do Sul to issue feasibility certificate for new port

The city government of São Francisco do Sul will have to to comply with the ruling of Justice Luiz Fernando Boller, which demanded the emission of a Viability Certificate for the maritime port project Porto Brasil Sul. The company “Worldport Desenvolvimento Portuário S/A” plans to establish the port at the mouth of Babitonga Bay, specifically in the Praia do Forte region.

The certificate must be issued by the Secretariat of Infrastructure and Urbanism (Seinfra) and petitioned by the Municipal Attorney General’s Office by February 14. Otherwise, the city will be subject to a daily fine of R$500. The legal process around the port has been ongoing since 2018.

In 2016, São Francisco do Sul issued the certificate, which has a one-year term. After its expiration, Worldport requested a renewal, which was denied by the public entity.

Following that, Worldport filed a lawsuit, asking the court to enforce the issuance of the license. Initially, the court ruled that the city had the right to deny the certificate.

However, Worldport appealed, and the request received a favorable opinion from the Justice, shifting the course of the process. The recent determination was based on a prosecutor’s argument, leading the judge to order São Francisco do Sul to issue the certificate.

According to the city’s administration, a request was filed with the Secretariat of Union Heritage (SPU) on November 8, 2022, to establish a conservation unit in the area. As per the municipality, a new request was made on December 19, 2023, to safeguard the preservation area.

Additionally, local legislators are deliberating the revision of the municipal master plan, which, among other issues, addresses the possibility of new port facilities in the city.

São Francisco do Sul also cited that establishing ports anywhere in Brazil undergoes final scrutiny by the National Waterway Transportation Agency (Antaq). Environmental licensing is conducted by the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama). The Terminal Gás Sul (TGS) is located in Ponta do Sumidouro and has the potential to engage in gas commercialization.

Source: São Francisco do Sul City Hall

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