Court suspends auction for logistics condominium in Santos

The site for the logistics condominium in Santos is located on Avenida Augusto Barata, between the neighborhoods of Alemoa and Saboó. It covers 242,000 square meters and provides for a yard accommodating 460 trucks (Alexsander Ferraz/AT)

The Federal Court granted the request filed by the Associação Brasileira dos Terminais de Contêineres (Abratec) and ordered the immediate suspension of the tender launched by the Autoridade Portuária de Santos (APS) for the assignment of an area intended for the implementation of the Condomínio Logístico da Margem Direita (CLDM), in Santos. The preliminary (injunctive) decision, issued on Friday, was rendered by substitute federal judge Diogo Henrique Valarini Belozo, of the 1st Federal Court of Santos. Unless overturned on appeal, the measure will remain in force until the final judgment of the case.

In the lawsuit, Abratec seeks the annulment of the tender notice, arguing that the land selected for the logistics condominium — located on Avenida Augusto Barata, between the neighborhoods of Alemoa and Saboó — is classified under the Port of Santos Development and Zoning Plan (Plano de Desenvolvimento e Zoneamento – PDZ) as an area designated for the port’s core activities, such as berthing and cargo handling.

For this reason, the association maintains that the site could not be exploited through a use concession, as proposed by APS, and that any change in its designated use would require prior authorization from the Agência Nacional de Transportes Aquaviários (Antaq) and the Ministério de Portos e Aeroportos (MPor). In addition, Abratec points out a contradiction within the tender notice itself, as APS classifies the condominium as a “non-operational” or “ancillary” undertaking, which, in the entity’s view, could not be implemented in an area that the PDZ reserves for operational purposes.

The entity also deems unjustifiable the imposition of restrictions on the participation in the tender of companies or economic groups that already operate in container handling at the Port of Santos.

Another issue raised concerns the deadline for submission of proposals. According to the lawsuit, the tender notice was published on October 21, with document submission scheduled for November 12, 2025. Abratec argues that the timeframe is excessively short given the scale and complexity of the project, which involves a large area, substantial investments, and detailed technical studies. In the association’s assessment, this limited the participation of potential bidders, thereby affecting the competitiveness of the tender.

Projects The decision applies exclusively to the logistics condominium project planned for Santos. The site, covering 242,000 square meters (m²), includes a truck holding yard, services, and areas for drivers’ meals and rest. The parking facility provides 460 spaces. The logistics support services area would be geared toward cargo and containers. The investment totals BRL 282.5 million.

APS’s proposal, however, also includes another project of the same type on the Left Bank of the Port, in Guarujá, which is not subject to judicial challenge. This area, totaling 163,100 m², is located in the Conceiçãozinha neighborhood, in the Vicente de Carvalho District. The complex will include a truck holding yard with 417 spaces, a logistics support services area, and a space for covered warehouses. The concessionaire will be required to invest BRL 195.4 million.

Stages At the most recent stage of the process, held last Wednesday, APS received proposals for both condominiums. Each tender received a single proposal. Consórcio Portlog won in Santos, and Consórcio Marlog-Petrasalis Logística in Guarujá.

Together, the two projects will offer 877 truck parking spaces, which are expected to be available starting in 2029. Combined, the two contracts amount to BRL 477.9 million in investments, and the concession of the areas will be for a term of 20 years.

With the injunction, however, progress on the Santos project is halted until a new court decision is issued. The case will proceed to a ruling on the merits of the writ of mandamus, at which time the judge will conduct an in-depth analysis of the legality of the clauses challenged by Abratec and of the model adopted by APS for the concession of the area.

Position In a statement, the Autoridade Portuária de Santos (APS) said it has taken note of the preliminary injunction that ordered the suspension of Bidding Procedure No. 01/2025, granted on Friday evening by the 1st Federal Court of Santos. APS reported that it will appeal the decision and that, considering the deadlines established by the bidding procedure, the decision does not affect the progress of the tender.