Santos Port Authority Advocates Fair Compensation for Potential Expropriations in Santos-Guarujá Tunnel Project

The Santos Port Authority (APS) has reinforced its stance on potential expropriations related to the tunnel between Santos and Guarujá, highlighting the need for fair compensation in line with existing legal frameworks. This stance, presented by APS President Anderson Pomini, comes following guidance from the port authority’s legal department, stressing that any expropriations must comply with the principle of just compensation, as guaranteed by Article 5, section XXIV of the Federal Constitution and the Expropriation Law (Decree-Law 3365/1941).

The matter concerns the state government’s proposed route for the Santos-Guarujá tunnel, which will pass beneath the Port of Santos’ navigation channel. Despite APS’s advocacy for an alternative route that would avoid expropriations and require Light Rail Vehicle (VLT) passengers to transfer before accessing the tunnel, the state government, in partnership with the federal government on the project, favors a route that integrates the VLT directly. If this route passes through José do Patrocínio Street in the Macuco neighborhood, it could result in the expropriation of approximately 60 properties.

With the APS headquarters located in Macuco, President Pomini has expressed concern for local residents and requested a legal opinion on the matter. He asserts that, should expropriations become unavoidable, affected property owners must receive fair compensation, ideally aligned with current market values.

“The guarantee of proper compensation serves two key purposes: ensuring legal security for property owners and acting as a tool for social justice. This helps mitigate the economic impacts of expropriation and prevents the marginalized displacement of those affected, distributing the social costs of expropriation equitably,” the APS legal opinion highlighted.

Furthermore, the APS stressed that legitimate compensation should reflect market values at the time of expropriation, maintaining socio-economic balance. This approach aims to mitigate the compulsory transfer of private property to the public domain while strengthening the relationship between the port and the surrounding city.

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