TCU Clears Itajaí Channel but Says Major Concession Changes Must Return to Court

Overview

• The Tribunal de Contas da União approved the concession of the access channel to the Port of Itajaí on Tuesday while imposing contract adjustments and new transparency requirements before the edital is published.
• The court ordered Antaq and the Ministry of Ports and Airports to publish revised technical and legal studies, provide engineering validation criteria, and supply technical justifications for any model changes that affect tariffs, risk allocation, or participation rules.
• The decision also declared that any structural redesign of a project previously reviewed by the TCU must be resubmitted for the tribunal’s analysis, a stance that directly challenges the Casa Civil's recent push to relax entry restrictions for the Tecon Santos 10 auction.
• The Casa Civil has recommended allowing shipowners and incumbent terminal operators to bid for Tecon Santos 10 subject to divestment conditions and a higher minimum outlay, but the TCU position means Antaq and MPor must either keep the approved restrictive model or seek new tribunal approval before changing it.
• The dispute matters for Brazil’s logistics and costs because Tecon Santos 10 is a strategic, multibillion‑reais terminal (estimated over R$5 billion) that could raise Santos’s container capacity by as much as 50% by 2028, and sector groups have urged speed while warning that legal uncertainty could delay the project and raise supply‑chain costs.