Association withdraws from STF action and port toll remains prohibited – 02/16/2023 – Panel

Abratec (Brazilian Association of Container Terminals) withdrew this Thursday (16), hours before the judgment at the STF (Federal Supreme Court), an appeal to resume the collection of a port toll called THC2.

He was charged by “wet ports” for the removal of containers from the ship to the dry part of the port, where, for example, the customs are located.

The fee was overthrown by the TCU (Tribunal de Contas da União) last year, with strong criticism of Antaq (National Waterway Transport Agency), which had edited the resolution.

According to the court of accounts, there is no legal support for the toll, which would be “infringement of the economic order” and would harm competitiveness, due to the fact that wet ports abuse their dominant position. The practice would imply passing on costs to the consumer of the imported product in the assessment of the rapporteur, Minister Vital do Rêgo.

Abratec appealed in July, a month after the TCU ruling.

Behind the scenes, the assessment was to maintain the suspension of the fee by the STF, which would have motivated the association to withdraw from the injunction hours before the start of the analysis by the virtual plenary of the court.

Antaq had edited the resolution even with a contrary opinion from the Ministry of Economy at the time, today Finance. The folder found a loss of BRL 721 million with the collection, without international parallel. It pointed out “strong indications of the presence of regulatory abuse” and effects “harmful to consumer well-being”.

Those who defend it allege that the end of the toll could jeopardize investments in the sector.

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