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TCU Mandates Restricted Auction for Santos Port’s New Container Terminal, Excluding Incumbent Operators

TCU Decides on Restricted Auction for Future Container Terminal at Port of Santos

The Administrative Council for Economic Defense (TCU) has ruled that the auction for Tecon 10, a future container terminal at the Port of Santos, will be conducted with restrictions. This decision prohibits operators currently active in the Santos complex from participating in the bidding process. The final vote was six to three in favor of this restricted model.

This ruling consolidates a position that supports the model proposed by the National Waterway Transport Agency (Antaq). Antaq advocates for barring incumbent operators in the initial phase of the bidding to mitigate risks of market concentration. The TCU’s decision follows the votes of Aroldo Cedraz and Vital do Rêgo, who aligned with the rapporteur, Bruno Dantas.

This outcome contrasts with the views of the TCU’s own technical areas and the Ministry of Finance. These bodies had argued against such restrictions, citing a lack of sufficient competitive grounds and warning of potential legal uncertainty. The news was initially reported by Estadão Conteúdo on December 8, 2025.

Majority Upholds Restriction to Foster New Entrants

Minister Augusto Nardes supported the restricted model, stating that it “increases the chance of an independent operator entering, one not linked to shipping lines.” This perspective was echoed by Ministers Walton Alencar and Jhonatan de Jesus, who joined Dantas, Cedraz, and Nardes to form the 6-3 majority. Consequently, the orientation to exclude both current operators and shipping companies tied to armadores from the Tecon 10 auction process prevails.

The president of the TCU, Vital do Rêgo, emphasized the importance of a rigorous competitive process. He stated that Tecon 10 must be managed by a capable company with strong economic conditions, not by “adventurers.” He further commented, “Certainly, this debate is one of the most fruitful, richest, this year. I prepared a dissenting opinion defending the need for a very significant concession, to ensure the terminal is taken over, not by adventurers, but by a capable company that will have the economic conditions to provide this very important service for Brazil.”

Dissenting Opinions Raised Concerns Over Legal Certainty

The dissenting votes came from the rapporteur, Antonio Anastasia, and Ministers Benjamin Zymler and Jorge Oliveira. Anastasia had advocated for a single-stage auction open to all interested parties. This stance was supported by technical analyses from the Ministry of Finance, the TCU’s technical team, and the Public Prosecutor’s Office attached to the tribunal.

These dissenting voices raised concerns that there were insufficient competitive grounds to justify the restriction. They also warned about the risk of legal insecurity that such an exclusionary measure could introduce into the process. The Tecon 10 is considered a strategic project aimed at increasing the capacity of the Port of Santos, requiring an investment of R$ 6.45 billion.