Legislation in the port sector and regulatory monitoring

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In 2019, cargo movement was 1.104 billion tons, with 64.6 thousand dockings carried out in the year, an increase of 1.8% compared to 2018. Considering the period of the last ten years, the total movement grew by 31.5%, and among the main products exported in 2019 are iron ore (367.8 million tons), oil and derivatives (224.7 million tons), soybeans (92.4 million tons) and corn (55.7 million tons), according to data from the Statistical Yearbook , produced by ANTAQ.



In the first five months of 2020, the port sector handled 436 million tons – a growth of 3.98% compared to the same period last year. From January to May 2020, cargo handling in private ports increased by 2.74% compared to the same period last year. In the case of organized, or public, ports, the increase was 6.34%.



The main destinations for exports are China, the United States, Malaysia and romania mobile database the Netherlands. In terms of imports, considering the total volume of tonnage, the trading partners are the United States, China, Argentina and Russia, with the United States being the main source of imports – corresponding to 26% of the total gross weight unloaded in the long-haul model in 2019.

The Brazilian port system is composed of public and private facilities. In total, there are 175 waterway structures, including ports and maritime terminals. The main Brazilian ports are the Port of Santos (SP), Port of Paranaguá (PR), Port of Itapoá (SC), Portonave (SC) and Port of Rio Grande (RS). The Port of Santos is considered the largest in the country in terms of tonnage movement and the largest in container movement. In a ranking prepared by the American Association of Port Authorities in 2016, it was ranked 39th as the largest port in the world in terms of container movement and the busiest in Latin America .



Given the magnitude of the economic sector, it has its own legislation. In 2013, Law 12,815 was enacted , known as the Ports Law, which provides for the direct and indirect exploration by the Union of ports and port facilities and the activities performed by all port actors, and is regulated by Decree 8,033 , published in the same year.



More recently, in August 2020, Law 14,047 was published , amending the Ports Law to make the management of lease contracts more flexible and introducing new rules regarding bidding processes, concessions and labor rules. In the case of bidding, considered one of the main changes brought about by the law, there is no longer a need for a bidding process when only one interested party in port leasing is registered. Therefore, the contracting will take place through a public call.