News

Our partner Bruno Corrêa Burini gave an interview to A Tribuna, commenting on the recent decision of the Supreme Federal Court of Brazil that reinstated the resolution issued by the National Waterway Transportation Agency regarding the charging of the Container Segregation and Delivery Service (SSE), known in the port sector as the THC2 fee.

The decision recognized that the Federal Court of Accounts does not have jurisdiction to interfere in the regulatory sphere of the National Waterway Transportation Agency, reinstating the rule that allows port terminals to charge for the service.

Burini assesses that the ruling by the Supreme Federal Court of Brazil reinstates the regulatory rule, but does not put an end to the debate regarding the legality of the charge: “The STF’s decision restores the ANTAQ regulation that permitted the charge, but this does not mean that the discussion has been resolved in practice. Even with the regulatory rule in force, the Superior Court of Justice has already recognized that the charge may be unlawful when analyzed from antitrust, regulatory and civil law perspectives.”

The partner highlights that, despite the reinstatement of the regulatory rule, the matter continues to generate significant legal and antitrust discussions for the logistics and port sectors.

Click here and read the full interview.