Santos Port Authority reaches deal to unlock R$416.9m held in court

The Santos Port Authority (APS) has approved an agreement with shipping industry group Centronave aimed at ending a nearly four-year dispute over waterway access infrastructure tariffs at the Port of Santos.

The settlement provides for Centronave members to be reclassified under Table I of the port’s tariff structure, which covers waterway access infrastructure. It also establishes criteria for frequency-based tariff discounts and sets out how amounts deposited with the courts will be reconciled.

Under the agreement, APS is expected to receive approximately R$416.9 million, based on audited figures as of June 30, 2026.

The funds are currently held in court and will be released to the port authority only after judicial approval and completion of the procedures set out in the settlement.

The proposal will be submitted for approval to the 4th Federal Court in Santos as part of case No. 5000363-29.2022.4.03.6104.

Dispute dates back to 2022

The Port of Santos tariff dispute began in 2022, when shipping lines and operators went to court to challenge the full collection of the tariffs, arguing that planned investments in port infrastructure had not been carried out.

The dispute coincided with the government-led process at the time to privatize management of the Port of Santos, which affected infrastructure planning and the progress of investments.

APS says circumstances have since changed.

The port authority now has a structured investment plan with a defined schedule and around R$12.5 billion in projected investment, including federal funding. Some projects are already underway, such as the expansion of the port’s internal rail network, while contracts have already been signed for other works.

Throughout the court proceedings, the tariff amounts owed by the plaintiffs continued to be deposited with the courts rather than paid directly to APS.

Since September 15, 2025, APS has also applied a 34.6% discount to tariffs charged to shipping lines and operators covered by the measure, under DIPRE Ordinance No. 191/2025.

Once the settlement receives judicial approval, new court deposits will cease and tariff payments will again be made directly to APS, restoring the regular flow of tariff revenue.

Discounts to follow objective criteria

Under the agreement, APS will issue a new DIPRE ordinance governing tariff discounts in accordance with the procedures established under Antaq Resolution No. 61/2021.

Discounts will be based on objective criteria related to vessel-call frequency and type of navigation.

They will apply equally to all users meeting the same requirements, regardless of whether they are Centronave members.

APS will also carry out the assessment, review and reconciliation of amounts billed and deposited with the courts.

According to the port authority, the settlement is intended to end a dispute that has lasted about four years while increasing legal certainty, tariff predictability and stability in relations between APS and users of the Port of Santos, in line with Antaq regulations.

APS targets legacy liabilities

The settlement forms part of the current APS administration’s policy of seeking negotiated solutions to longstanding liabilities and court disputes.

The port authority says measures taken so far have eliminated approximately R$3.5 billion in liabilities.

Those measures include resolving debt related to the Portus pension fund, restoring pension benefits for former employees and closing three lawsuits that together represented more than R$3 billion.

With the latest agreement, APS expects to reduce another longstanding legal dispute while recovering funds that can support investment and infrastructure modernization at the Port of Santos.

Source: Port of Santos

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