Institutional strengthening drives progress in port sector, says Antaq

Frederico Dias emphasizes legal certainty; Lima Filho says it's time to promote inland waterways (Dimmy Falcão)

In recent years, Brazil has reached a level of institutional, regulatory, and legal maturity, as a result of the strengthening of institutions, the creation of new agencies, and the maturing application of the Ports Law (12.815/2013). This was the conclusion drawn by the board of the Agência Nacional de Transportes Aquaviários (Antaq) during a presentation at the Summit Antaq, held this Thursday (16) by Grupo Tribuna and the regulatory agency in Brasília.

Speaking about the increase in auctions in Brazil, Antaq’s Director-General, Frederico Dias, emphasized that the expansion of lease contracts is a reflection of the institutional maturity the public infrastructure sector has been experiencing.

He stated that Antaq plays a key role in this regard, as the waterway sector is predominantly private and, above all, requires legal certainty. The agency fulfills this fundamental role by ensuring legal certainty and regulatory stability. It is essential that the decision-making process is transparent, reliable, and grounded in technical expertise. The agency already follows this path and will continue in this direction.

In addition, Dias stated, the way the agency structures its regulatory agenda is crucial—focusing on participation and providing predictability to the sector. For the Director-General, it is necessary to foster a business-friendly environment. He explained that Law 12.815/2013 has recently faced strong criticism, but it must be recognized how fundamental it has been for the sector, stressing the need for great care when proposing changes to the legislation.

Strengthening Antaq Director Wilson Lima Filho agreed on the relevance of the agency's role, especially at a time when promoting inland waterways is crucial for the country. He stated that it is important to focus on the waterway mode, as it is strategic for Brazil.

Farias highlights economic efficiency (Dimmy Falcão)

Antaq Director Caio Farias said that the agency's mission is to ensure an efficient and safe environment, preserving the public interest and promoting competitiveness in the port and waterway sectors. According to him, Antaq’s role is to harmonize the interests of users, regulated companies, and delegated entities, always preserving the public interest. This also includes arbitrating conflicts of interest and preventing practices that undermine competition, such as imperfect competition and anti-competitive behavior.

Farias stated that efficiency and safety are essential for the development of the waterway and port sectors. Antaq’s actions are based on a commitment to promote economic efficiency and operational safety, focusing on reducing logistical costs and improving the quality of services provided. This means regulated agents must operate in an integrated, rational manner and with high technical performance. He emphasized that efficiency is not only a regulatory objective but also a vector of national competitiveness, capable of directly impacting freight prices, investment attractiveness, and the fluidity of logistics chains.

Farias further stated that Antaq has been acting firmly to ensure that port sector authorizations and concessions promote efficiency and competition. According to him, Antaq’s actions cannot be guided by potential threats of litigation, as this could paralyze key decisions for proper sector regulation. In a concession environment, he emphasized, legal certainty is the most essential asset.

Marcus Cavalcanti advocated for the PPP model in Brazil; Tomé Franca emphasized dialogue as a distinguishing factor (Dimmy Falcão)

Federal Government focuses on new concessions The concessions portfolio is a national priority, according to Marcus Cavalcanti, Special Secretary of the Federal Government's Investment Partnerships Program (PPI). In a presentation on the topic this Thursday at the Summit Antaq, he advocated for the public-private partnership (PPP) model as an essential tool for enhancing efficiency in the port sector. The secretary also cited Santos as one of the government’s top priorities.

According to Cavalcanti, concessions have moved beyond ideological debates and have become a modern public management tool. The port sector is a clear example of how concessions and PPPs have become a smarter and more efficient way to provide services. Following the electricity sector, it is the second most advanced in this regard. In his view, the Port of Santos demonstrates how private investment can deliver results.

During his presentation, the secretary mentioned the concession project for the navigation channel at the Port of Santos, which involves contracting a private company to carry out ongoing dredging of the access channels. The estimated investment is R\$ 6.45 billion over a 25-year contract, with an option for renewal. The proposal includes gradual deepening to 17 meters, with continuous maintenance of depth to allow the docking of larger ships and the handling of higher cargo volumes.

The model aims to ensure regularity and predictability in port operations, reducing costs and delays. The project is being structured by Antaq and the Ministry of Ports and Airports (MPor). Continuous dredging is essential to maintain the draft and competitiveness of Santos in relation to other ports.

Cavalcanti also stressed that the Federal Government’s partnership agenda has been progressing continuously, with expanded technical and financial support for states and municipalities. He noted that the Subnational Infrastructure Development Fund (Fidis), managed by the PPI, has R\$ 1 billion available to structure concession and PPP projects across the country. “We’re making progress, even with limited fiscal space”, said the secretary, who is seeking sustainable paths to attract private capital and ensure that essential infrastructure projects, such as those for ports and highways, continue to move forward.

The secretary further emphasized that concessions and PPPs have ceased to be merely an alternative funding source to become a State public policy. “We cannot repeat the prejudices of the past. Concessions are not ideology—they are a modern and efficient way to deliver quality services”, he stated.

Ministry actions The Executive Secretary of the Ministry of Ports and Airports (MPor), Tomé Franca, advocated for ongoing dialogue between the Federal Government, the productive sector, and regulatory agencies as the foundation for strengthening the port system.

At the Summit Antaq, Franca stated that the ministry has been working to establish a stable regulatory environment with legal certainty and access to credit—factors deemed essential for attracting new investments and implementing effective public policies. He highlighted the importance of ongoing dialogue and active listening, as instructed by Minister Silvio Costa Filho, and stated that open communication and understanding of the sector's needs are fundamental for crafting effective public policies.

He also emphasized the positive performance of the port sector, driven by a combination of public and private investments. “It is gratifying to witness the positive outcomes in the port sector, with significant growth driven by public and private investments. The success of the auction portfolio, led by the National Secretariat for Ports, shows the government's commitment to progress”, he said.

The secretary reiterated the ministry’s support for initiatives that increase the competitiveness and efficiency of Brazilian ports, reaffirming its partnership with Antaq. “We count on this partnership to build a promising future together.”

TV Tribuna CEO, Roberto Clemente Santini, highlighted Antaq’s role in the sector's development (Dimmy Falcão)

Partnership TV Tribuna CEO, Roberto Clemente Santini, emphasized the importance of the event as a forum for dialogue about the future of logistics, inland waterways, and the Brazilian port system. He highlighted Antaq’s role in sector development, praising its technical competence, transparency, and ethics — which strengthen the agency's credibility and commitment to the public interest. Santini acknowledged the current and past leadership of Antaq, recognizing the work of former Director-General Eduardo Nery, the transitional leadership of Caio Farias, and the responsibility now assumed by the new Director-General, Frederico Dias, to continue the sector's modernization process.