BR do Mar needs clear rules to better serve coastal shipping

The purpose of the law is to increase the modal’s share in the cargo transportation matrix from 11% to 30% (Vanessa Rodrigues/Arquivo AT)

The BR do Mar, established through Federal Law 14.301/2022 and regulated by Decree 12.555/2025, is a program designed to promote coastal shipping, aiming to increase the mode’s participation in the national cargo transportation matrix from 11% to 30%, thereby reducing logistics costs and carbon emissions. The Federal Government views BR do Mar as a leap forward for the sector; however, according to a market representative, the decree still requires several adjustments to effectively boost the industry.

The topic was discussed in the panel “BR do Mar and Coastal Shipping: Legal and Practical Aspects of Regulation” during the 3rd Simpósio de Direito Marítimo, held this Thursday (30) at the Hotel Bourbon Convention Santos, in Gonzaga, Santos. The event was organized by the Instituto dos Magistrados do Brasil (IMB), with Grupo Tribuna as media partner.

One of the speakers, Bruna Roncel de Oliveira, General Coordinator for Maritime Navigation at the Ministério dos Portos e Aeroportos (MPor), stated in her presentation that “coastal shipping is a safer, more economical, and more sustainable alternative for cargo transportation in Brazil.”

She emphasized that the program was created after the 2018 truck drivers’ strike, with the goal of diversifying the national logistics matrix and reducing dependence on road transport — which accounts for 69% of cargo in the country. “It aims to encourage the use of our natural waterways while reducing costs and emissions. Coastal shipping can be up to 89% less polluting than road transport.”

According to the ministry representative, BR do Mar expanded operational opportunities for shipping companies by allowing the chartering of foreign vessels and the entry of new players into the market, thereby increasing competition and reducing costs. “The law introduced mechanisms that simplify processes, increase vessel availability, and make waterborne transport more competitive.”

The topic was discussed in a panel addressing the legal and practical aspects of regulation (Bárbara Farias/AT)

Controversies Speaker Camila Mendes Viana, partner at Kincaid Law Firm and president of the Brazil-China Commission of OAB-RJ, stated that BR do Mar contains “many controversies,” noting that “Decree 12.555/2025 did not fully address the issues. If it had, we wouldn’t need to be issuing new ordinances now.”

A defender of coastal shipping, Camila pointed out that freight rates per ton are 60% cheaper than road transport and 40% lower than rail.

The expert highlighted that the new BR do Mar decree introduces sustainability requirements that remain highly subjective, which may create legal uncertainty for companies seeking to join the program. According to her, there are no clear parameters regarding vessel age or carbon emissions, and the ordinance that should define these criteria is still under development. “The concept of a ‘sustainable vessel’ was created, but we don’t know what it actually means because the criteria are too subjective.”

Camila also noted that the international maritime sector still faces challenges in determining the “fuel of the future” — whether hydrogen, ethanol, methanol, or a combination of these — and that imposing rigid restrictions in Brazil before a global standard is established could discourage new vessels from joining the program.

She further emphasized the need for greater clarity regarding penalties and the composition of Brazilian crews. “If an operator has three ships and one of them fails to meet BR do Mar’s environmental or labor requirements, will the company lose its authorization entirely?”, she questioned.

Camila argued that coastal shipping regulations should align with international standards to avoid bureaucratic barriers that delay investments. She concluded by stressing the need to streamline application processing among different government agencies. “Several authorities must evaluate the request to bring a vessel to Brazil, which takes time — and time is money. Currently, there is no specific deadline established.”

Time Maxwell Rodrigues, port affairs consultant for Grupo Tribuna and moderator of the debate, reflected on the Cabotage Law: “In Brazil, we culturally believe that we can solve all our problems through legislation — which is somewhat true. After all, if the private sector doesn’t provoke the public sector, the public sector won’t move. We are, by necessity, the ones who must initiate this dialogue. But every law requires maturity and time to provide the stability the market needs.”