In Brazil, there are two categories of ports: private use terminals (“TUPs”) and public ports (also known as ”organized ports”).

The real estate where the TUPs are situated usually belongs to the port operator or, at least, such operator has an agreement with the title owner that allows the use of the land for a private port terminal.

Currently, since the new Ports Law (Law nº 12.815/2013) has been enacted, the owners of the private ports are allowed to move third party cargoes besides their own. TUPs are subjected to less governmental control and frequently have no infrastructure paid by the government.

The public ports are generally subject to tender usually followed by a lease agreement between the government and the port operator. The port infrastructure is generally provided by the government. Public ports are subject to more restrictions and regulations than the TUPs and their area is established by the President of the Republic.

On June 6, 2014, the Special Ports Secretariat (SPS) submitted to public consultation a project to change the limits of the following ports: Angra dos Reis, Estrela, Niterói, Salvador, Aratu, Forno, Pelotas, Santana, Areia Branca, Ilhéus, Porto Alegre, Barra do Riacho, Laguna, Porto Velho, Cabedelo, Natal and Recife. The images with the current and proposed limits can be seen in the file below. The proposed limits are in green and the existing ones are in red.

Source: Demarest, By Eduardo Amaral Gurgel Kiss, Partner and Ana Lúcia da Fonseca Caetano, Trainee of Demarest Advogados, respectively.