Court suspends logistics condominium tender in Santos

The Federal Court accepted a request from the Brazilian Association of Container Terminals (Abratec) and ordered the immediate suspension of the tender launched by the Santos Port Authority (APS) for the concession of an area intended for the implementation of the Right Bank Logistics Condominium (CLDM), in Santos. The preliminary (provisional) ruling, issued on Friday, was handed down by substitute federal judge Diogo Henrique Valarini Belozo, of the 1st Federal Court of Santos. Unless overturned on appeal, the measure will remain in effect until the final judgment of the case.

In the lawsuit, Abratec seeks the annulment of the tender notice, arguing that the site selected for the logistics condominium—located on Avenida Augusto Barata, between the Alemoa and Saboó neighborhoods—is classified in the Port of Santos Development and Zoning Plan (PDZ) as an area designated for the port’s core activities, such as berthing and cargo handling.

For this reason, the association maintains that the site could not be exploited through a concession of use, as proposed by APS, and that any change in its designated use would require prior authorization from the National Waterway Transport Agency (Antaq) and the Ministry of Ports and Airports (MPor). Abratec also points to a contradiction within the tender itself, as APS classifies the condominium as a “non-operational” or “ancillary” development, which, in the association’s view, could not be implemented in an area reserved by the PDZ for operational purposes.

The association also considers it unjustifiable to impose restrictions on the participation of companies or economic groups already active in container handling at the Port of Santos in the tender.

Another point of contention concerns the deadline for submitting proposals. According to the lawsuit, the tender notice was published on October 21, with the submission deadline set for November 12, 2025. Abratec argues that the timeframe was too short given the project’s size and complexity, which involves a large area, significant investments, and detailed technical studies. In the association’s assessment, this limited the participation of interested parties and harmed the competitiveness of the bidding process.

Projects

The ruling applies exclusively to the logistics condominium project planned for Santos. The site, covering 242,000 square meters, includes a truck-holding yard, services, areas for drivers’ meals and rest, and parking for 460 vehicles. The logistics support services area will be dedicated to cargo and containers. The estimated investment is R$282.5 million.

APS’s proposal, however, also includes another project of the same type on the Left Bank of the Port, in Guarujá, which is not subject to judicial challenge. This area, measuring 163,100 square meters, is located in the Conceiçãozinha neighborhood, in the Vicente de Carvalho district. The complex will feature a truck holding yard with 417 parking spaces, a logistics support services area, and space for covered warehouses. The planned investment amounts to R$195.4 million.

Stages

At the most recent stage of the process, held last Wednesday, APS received proposals for both logistics condominiums. Each tender received a single bid: the Portlog Consortium won in Santos, while the Marlog–Petrasalis Logística Consortium prevailed in Guarujá.

Together, the two projects will offer 877 truck parking spaces, expected to become available from 2029. The two contracts total R$477.9 million in investments, with the concession of the areas set for a 20-year term.

With the injunction in place, progress on the Santos project is halted until a new judicial decision is issued. The case will proceed to a ruling on the merits of the mandamus writ. At that point, the judge will conduct a more in-depth analysis of the legality of the clauses challenged by Abratec and the model adopted by APS for the concession of the area.

Position

In a statement, the Santos Port Authority (APS) said it has taken note of the preliminary decision ordering the suspension of Bidding Procedure No. 01/2025, issued by the 1st Federal Court of Santos. APS stated that it will appeal the decision and that, given the deadlines established under the bidding procedure, the ruling does not affect the tender’s progress.

Source: A Tribuna 

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