Federal Police investigate suspected fraud in government tender at Port of Itajaí

Federal Police are investigating signs of fraud in the tender to lease the Port of Itajaí (SC), carried out by Antaq (National Waterway Transport Agency) in 2023.

The investigation originated from the TCU (Federal Court of Accounts), which in July sent the case to the Federal Prosecutor’s Office in Santa Catarina to investigate signs of irregularities in the tender. The Federal Prosecutor’s Office ordered the opening of an inquiry by the Federal Police.

The company that won the bidding process had no experience in the sector, despite objections to its capacity from the bidding committee, and was sold to Seara, part of the J&F group, months later.

Contacted, the Ministry of Ports and Airports said that the tender for the definitive lease of Itajaí is scheduled for 2026, and that Antaq is responsible for commenting on regulatory aspects. Antaq defended the legality of the tender (see note at the end of the text).

“The extension period of the transitional lease contract runs until the auction is held, scheduled for next year. The extension will last for a maximum of two years or until the completion of the auction, whichever comes first,” said the ministry.

UOL also contacted the company that won the bidding process, but it had not responded by the time of publication.

Selection process
Called Mada Araújo, the firm had never operated a terminal before and, during the selection process, was disqualified for failing to demonstrate how it would move 44,000 TEUs per month — the unit used to measure container cargo.

In October 2023, however, the company appealed, and the Antaq board overturned the disqualification, contradicting the bidding committee.

As the first-place bidder was also disqualified — but unlike Mada Araújo, was unable to overturn the decision — the company was declared the winner and obtained the contract to lease the federal area for 24 months.

Mada Araújo was supposed to begin operations in June 2024, but “failed to demonstrate capacity to comply with the obligations and performance results expected,” according to the TCU audit, and was sold to JBS.

In May of that year, Antaq approved the transfer of 70% of the company’s ownership to Seara Alimentos, part of the JBS Group. After that, Mada changed its name to JBS Terminais.

The TCU identified several problems with the way Antaq conducted the tender. During the process, the rules changed from those published in the tender notice, which violates the Public Procurement Law, according to the audit.

According to the report by Minister Aroldo Cedraz, the tender notice also lacked objective criteria for technical-operational and economic-financial qualifications, thereby benefiting a company without the capacity to manage the port.

Company background
TCU points to several signs that, when participating in the tender, the company lacked the necessary attributes to manage the terminal.

Mada Araújo was created on paper in 2010, in São Paulo, when it was called Araújo Alvim Consultoria e Associados Ltda, and its stated purpose was legal and business consulting. Its initial capital was R$10,000.

In February 2023, as it was about to participate in the tender, the company simultaneously changed its corporate name and business purpose and increased its capital to R$800,000.

The company’s declared activities included “intermediation and brokerage of services and business in general, except real estate; investment agents in financial applications,” among other areas, but not port operations.

The company’s website was only created in 2023. There are no signs that it operated before that.

In the Itajaí port process, the Antaq bidding committee concluded that “from a commercial perspective, the documentation presented by the bidder is insufficient to demonstrate the feasibility of the proposal and enable the execution of the object of the selection process,” and disqualified it.

Antaq’s rapporteur director, Caio Farias, disagreed with that conclusion. According to him, the tender notice did not establish criteria for disqualifying Mada.

“The assessment of commercial and economic-financial aspects was based on subjective parameters not provided for in the tender notice,” he said. By board decision, Mada’s disqualification was overturned.

Below is a historical overview of long-haul container throughput at the Port of Itajaí starting in September 2024, when operations resumed. The chart was prepared using DataLiner data and excludes cabotage, transshipment, and other internal cargo movements:

Long-haul Container Throughput via the Port of Itajaí | Sep 2024 to Oct 2025 | TEU

Source: DataLiner (Click here to request a demo)

R$60 million profit
After signing the lease contract in late December, the company became Mada Araújo Asset and Port Management. It increased its capital to R$100 million, which would be paid over the course of the Itajaí contract.

On May 12, 2024, its owner, Marco Antônio de Araújo, requested authorization from Antaq to transfer control of the company to Seara Alimentos Ltda, which was approved. He earned R$60 million from the sale.

The TCU audit concluded that the delay in executing the contract, due to the company’s lack of capacity, caused immeasurable losses to the port’s economy and local community, thereby contradicting public interest.

“In addition, the facts described in this finding include indications that Mada Araújo Asset Management Ltda., in deciding to participate in the bidding process, sought to appropriate the valuation of the intangible asset arising from the acquisition of the transitional lease contract, resulting in its controller obtaining undue economic gain when selling control of the company.”

TCU audit

Frustrating the competitive nature of a tender to obtain undue advantage is considered a crime, the TCU recalled. Therefore, after the audit ruling was issued, the case was referred to the Federal Prosecutor’s Office and the Federal Police.

Other side
Antaq stated that the evaluation of bids for the provisional lease of the Port of Itajaí, which declared Mada Araújo the winner, “was carried out based on objective criteria previously defined in the tender notice, in compliance with the legislation applicable to public procurement.”

“The possibility of transferring corporate control of Contract No. 01/2023 follows the procedures established by Antaq Resolution No. 57/2021. The request was analyzed and approved by the Port Regulation Management, the Superintendence of Regulation, and later by the Board of Directors, in accordance with the regulatory process — a common practice in lease contracts.”

“As it is a transitional contract, Antaq awaits submission of documentation by the Ministry of Ports and Airports to continue the definitive lease process, which includes new investments and the full operational resumption of the Port of Itajaí.”

Source: UOL

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