On April 12, 2021, Decree 10,672 was published, amending some of the provisions pertaining to Decree 8,033/2013, which regulates Law 12,815/2013 (Ports Law), and providing for the public call regarding the use of port facilities in organized ports and introducing temporary use contracts. 

Among the provisions amended are the procedures for public calls related to the lease of port facilities within the polygonal of the organized port were regulated, dismissing bids in cases in which the existence of a single interested party in the area's use is verified.

Regarding the terms of concessions and lease contracts, the periods of validity have been revised, with a port concession now having a term of up to 70 years, including the original concession and all of its extensions, and the lease of port facilities now having a term of 35 years, which is extendable up to a limit of 70 years.

The temporary use contract was also provided for interested parties in cargo handling, with an unconsolidated market for the temporary use of port areas and facilities located within the polygonal of the organized port, with dismissal of prior bidding.

Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2020. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.