Trends and Developments
Infrastructure and Logistics Alternatives: Sector Development With Legal Certainty
Brazil, with its extensive coastline, is a maritime powerhouse and home to some of the largest ports in Latin America. In 2024, the country handled more than 1.3 billion tonnes of cargo, and approximately 1.2 billion tonnes between January and October 2025, placing Brazil among the world’s largest logistics and trade markets. These figures underscore Brazil’s strategic relevance to global trade, particularly in the export of commodities, oil and gas products, agricultural goods and containerised cargo.
Although consolidated official data for 2025 are still being finalised, partial figures suggest that port activity maintained a strong growth trajectory throughout the year. In response to increasing cargo volumes and persistent logistical bottlenecks, Brazil has pursued a series of investments in port infrastructure and intensified dialogue with the private sector. Despite these efforts, the multiplicity of regulatory rules issued by different public authorities, together with their frequent amendment, continues to pose challenges to legal and regulatory predictability – an issue that remains particularly relevant heading into 2026.
One of the most anticipated milestones is the mega auction of the Santos 10 Container Terminal (Tecon 10), scheduled for March 2026. The project involves a minimum estimated investment of approximately BRL 6.4 billion and provides for a 25-year concession term, with the ambition of significantly expanding container handling capacity at Santos – the largest port complex in Latin America. The initiative is intended to strengthen Brazil’s position in global container trade, enhance national logistics competitiveness and attract long-term private investment.
The Expansion of Cabotage Shipping as a Logistics Strategy
Despite the considerable potential and length of Brazil’s coastline, cabotage shipping continues to account for a relatively modest share of the national transport matrix. Recent data indicate that cabotage represents approximately 12% of domestic transport, a limited proportion given the country’s extensive coastal geography.
Road transport remains the dominant mode within Brazil’s logistics system, with significant implications for costs and greenhouse gas emissions. Against this backdrop, the expansion of cabotage is increasingly viewed as a central pillar of Brazil’s strategy for logistics modernisation and transport decarbonisation.
To support this development, in 2025 Brazil enacted the decree regulating the “BR do Mar” programme, an initiative designed to modernise cabotage legislation, stimulate competition and enhance market efficiency. The programme introduces more flexible rules for the chartering of foreign-flagged vessels and creates incentives for the entry of new market participants.
The regulatory framework also includes provisions aimed at encouraging the use of sustainable vessels and reducing emissions in the maritime sector. It is expected that, in 2026, supplementary ordinances will further define the criteria and guidelines applicable to “green vessels” in cabotage operations, reinforcing the sector’s environmental commitments.
Inland Waterway Navigation
Within the broader agenda of logistics diversification, inland waterway navigation has emerged as a viable alternative to reduce costs and improve efficiency in domestic cargo flows. The first waterway concession auctions are expected to take place in 2026, marking a significant institutional shift, as many of these waterways have historically been managed directly by the public sector.
The Ministry of Ports and Airports has indicated that the new concession model seeks to attract private investment and expand the role of inland navigation within Brazil’s logistics matrix. As a transport mode that emits up to five times less greenhouse gases than road transport, inland waterways also offer strong potential for integration with international routes, particularly those connecting Brazil to neighbouring markets such as Argentina and Uruguay via the Paraguay River, thereby enhancing the competitiveness of Brazilian agribusiness.
Decarbonisation and Energy Transition
Maritime transport accounts for approximately 90% of global trade while contributing around 3% of global greenhouse gas emissions. This dual role places the sector at the centre of climate policy discussions, both internationally and within the domestic agendas of major trading nations.
In Brazil, the importance of maritime transport is even more pronounced due to the country’s extensive coastline, its reliance on long-haul shipping routes and the need to integrate multiple logistics modes to ensure efficient movement of goods and passengers.
Brazil is particularly well positioned to play a leading role in the maritime energy transition, notably as a supplier of sustainable biofuels suitable for shipping. Biofuels such as biodiesel and ethanol, including those produced from residual feedstocks (such as used cooking oil), have already been authorised for use in vessels by the National Agency of Petroleum, Natural Gas and Biofuels (ANP), largely due to their compatibility with existing propulsion systems.
While European regulatory models tend to prioritise alternative fuels such as green ammonia, hydrogen and methanol, Brazil’s longstanding experience with biofuels may offer a competitive and complementary pathway aligned with international climate commitments.
In December 2025, the Brazilian government launched the National Ports Decarbonisation Programme (PND Ports) and the National Navigation Decarbonisation Programme (PND-Navigation), which include measures such as port electrification to supply clean energy to berthed vessels and reduce reliance on fossil fuels in port and shipping operations.
Reinforcing its sustainable credentials, Brazil hosted COP30 – the United Nations Climate Change Conference – in 2025. In 2026, the Net Zero agenda for Brazilian shipping is expected to be shaped by alignment with the latest guidelines of the International Maritime Organization, as well as by continued technological progress in sustainable fuels.
Oil and Gas: Energy Transition Alongside Continued Exploration
The energy transition presents Brazil with both challenges and strategic opportunities. On the one hand, the country holds extensive oil and natural gas reserves, including substantial untapped offshore potential; on the other, it faces increasing international pressure to accelerate the adoption of cleaner energy sources.
Petrobras has articulated a strategy centred on a “just transition”, combining low-carbon initiatives with the continued and responsible exploration of offshore hydrocarbons, reflecting the understanding that the transition will be gradual and structurally complex.
One of the most contested areas is the Brazilian Equatorial Margin, which encompasses several sedimentary basins with high reserve potential, comparable to recent discoveries in Guyana and Suriname. Estimates suggest that the region may contain between 10 and 30 billion barrels of oil, potentially expanding Brazil’s reserves significantly.
After years of regulatory and technical discussions, in 2025 Petrobras obtained environmental licences to commence exploratory drilling near the mouth of the Amazon River, in the state of Amapá. At the same time, environmental organisations, Indigenous groups and traditional communities filed legal challenges seeking to suspend drilling – a debate expected to intensify in 2026.
Also in 2025, Brazil obtained international recognition of its claim over approximately 360,000 sq km of additional extended continental shelf, expanding the legal basis for future offshore exploration. The region remains the subject of intense debate between economic development objectives and environmental protection concerns.
Finally, the ongoing review of time-based regulations applicable to offshore support vessels – particularly those affecting the engagement of foreign operators – is expected to be one of the sector’s key “hot topics”.
SSE – Container Segregation and Delivery Service: Overview and Analysis of STJ and STF Decisions
The legality of the Container Segregation and Delivery Service (SSE) charge has been one of the most complex and contentious issues in Brazilian port law, with debates spanning more than two decades and expected to remain prominent throughout 2026.
In Brazil, port operators charge ship-owners a bundle of services (the so-called “box rate”) for loading and discharging vessels, covering vertical and horizontal container movements up to their placement in the yard. These costs are passed on to cargo interests through the Terminal Handling Charge (THC), which is charged together with freight.
Following discharge, cargo may be stored within the container terminal itself (“wet ports”), which provides bonded storage until delivery to the importer, or transferred to retroport terminals (also referred to as “dry ports”).
The SSE emerged as an additional charge intended to reimburse terminals for specific costs incurred in segregating and delivering containers to retroport terminals within certain logistics flows.
The SSE charge was expressly regulated by ANTAQ Resolution No. 72/2022, which governs container handling and storage services at port facilities and expressly authorises the separate charging of SSE (or “THC2”) in addition to the traditional THC.
Nevertheless, the legality of this charge has generated intense debate. In 2022, the Federal Court of Accounts (TCU) ordered the suspension of SSE charges, considering them anti-competitive due to their potential to distort competition between wet and dry ports, and recommended greater regulatory clarity from ANTAQ, the federal regulatory agency responsible for overseeing the waterway transportation sector. In 2024, upon review, the TCU reiterated the potential risk of double charging through THC and SSE, although its technical staff concluded that the SSE charge was justified and highlighted the adverse effects of a blanket prohibition.
The issue was subsequently brought before Brazil’s superior courts.
In September 2024, the First Panel of the Superior Court of Justice (STJ), ruling on Special Appeals Nos. 1,899,040 and 1,906,785, held by majority that the charging of SSE by port operators in relation to retroport terminals could constitute an abuse of dominant position in the form of price squeeze, in violation of Brazil’s Competition Law (Law No. 12,529/2011). The decision is not final and remains subject to appeal.
In October 2025, however, Justice Dias Toffoli of the Supreme Federal Court (STF), when analysing a writ of mandamus filed by the Brazilian Association of Container Terminals (ABRATEC), held that the TCU had exceeded its authority by prohibiting a charge regulated by ANTAQ. The ruling restored the effectiveness of Resolution No. 72/2022 and authorised the continued charging of SSE under ANTAQ’s regulatory oversight.
These decisions highlight the divergence of interpretations among regulatory, administrative and judicial bodies, leaving the controversy unresolved and reinforcing the importance of legal certainty and regulatory clarity regarding SSE charges in 2026.
ANTAQ Decision No. 521/2025 – Demurrage Limitations and Cargo Retention
In addition to SSE, another closely related issue that has attracted significant attention concerns demurrage, the charge for container use beyond the agreed free time.
In August 2025, ANTAQ issued Decision No. 521/2025, setting out a revised regulatory approach to demurrage charges. Under this framework, demurrage is only considered legitimate where: (i) the delay in returning the container results from the user’s interest, choice, fault or business risk; and (ii) the overstay does not result from operational failures or omissions attributable to the carrier, the port terminal or the empty container depot.
This approach departs from the traditional maxim “once on demurrage, always on demurrage”, as demurrage accrual must be suspended from the first unsuccessful attempt to return the container where the delay is not attributable to the user.
The decision also reinforces transparency obligations on intermediaries when passing demurrage charges on to users and recognises that cargo retention as a coercive measure is permissible only in limited circumstances, such as unpaid freight or general average, while prohibiting the refusal of new shipments due to default under contracts already being performed.
At the same time, the ruling raises questions regarding the limits of regulatory authority, given that the assessment of specific factual circumstances and the legality of charges under civil law ultimately falls within the remit of the judiciary.
Legal Nature of Demurrage
The legal nature of demurrage remains another contentious issue likely to gain prominence in 2026. Traditionally, Brazilian jurisprudence – including consolidated precedents of the STJ – has treated demurrage as compensation for the use of containers beyond the agreed free time, without limitation to the value of the container, reflecting its function as compensation for equipment unavailability.
However, in September 2025, the Fourth Panel of the STJ departed from this line of authority and held that container demurrage has the legal nature of a penalty clause, establishing that the amount charged by carriers should be limited to the value of the container itself, unless additional material damages are proven.
The issue remains far from settled, and further judicial clarification and potential harmonisation of case law are expected throughout 2026.
Final Remarks
In summary, the Brazilian landscape for 2026 is characterised by growing demand, a robust investment agenda and increasing pressure for logistics efficiency, with particular emphasis on structural initiatives such as the Tecon 10 auction and the expansion of concession models across additional transport modes.
At the same time, sector development is taking place within a complex and fragmented regulatory environment, in which the multiplicity of rules and the rapid evolution of regulatory guidelines increase compliance costs and render predictability – a critical element for capital-intensive projects – an increasingly valuable asset.
This context is further heightened by the fact that 2026 is an election year in Brazil, a circumstance that traditionally intensifies political, institutional and regulatory debate, with potential direct implications for policy formulation and implementation in the logistics and maritime sectors.
Against this backdrop, logistics diversification through cabotage and inland waterway navigation emerges as a key driver of both competitiveness and decarbonisation, particularly in a country whose transport matrix remains heavily road-based.
The BR do Mar framework and the expected supplementary rules on sustainable vessels point towards alignment with the energy transition, while government programmes signal efforts to accelerate sustainability within the maritime and port environment. In parallel, offshore activities remain strategically relevant: while the energy transition advances, oil and gas exploration – particularly in the Equatorial Margin – will continue to sit at the centre of technical, socio-environmental and judicial debate.
Finally, regulatory and contractual disputes in the sector reaffirm that infrastructure development depends not only on investment, but also on institutional coordination and legal certainty. For 2026, the central challenge lies in fostering a stable and transparent regulatory environment capable of encouraging investment, innovation and sustainability, while ensuring access to effective dispute resolution mechanisms where necessary.
Read the text at the following link: https://gpg-pdf.chambers.com/shipping-2026/109/
