The Federal Court of Audit in Brazil (TCU) has decided to recommend the adoption of a restrictive bidding process for the future privatization operation of the container terminal Tecon 10 at the Port of Santos, prohibiting companies currently operating terminals at the Santos port from participating in the bidding process. The decision was passed with a vote of 6 in favor and 3 against.

With the support of Aroldo Cedraz and Vital do Rêgo, who share the same position as the review rapporteur Bruno Dantas, the majority opinion was formed in court, supporting the use of a restrictive auction model. This decision contradicts the opinions of the court's technical department and the Brazilian Ministry of Finance. Support came from the National Waterway Transportation Agency (Antaq), which advocated excluding companies already operating terminals at the Port of Santos in the initial phase to reduce the risks of market monopoly and high concentration.

Minister Augusto Nardes emphasized during the vote that this restrictive model "increases the opportunity for independent operators to enter the market, avoiding operators associated with shipping companies from controlling the market." In addition to Cedraz, Nardes, and Vital do Rêgo, Walton Alencar and Jhonatan de Jesus also supported the review rapporteur, resulting in 6 supporting votes, forming the majority, and determining the exclusion of existing operators and shipping companies associated with shipowners.

TCU President Vital do Rêgo highlighted the importance of ensuring a rigorous bidding process. He pointed out that the concession operation of the Tecon 10 terminal should not be entrusted to "speculators" but rather to companies with strength and economic conditions to operate it. The three members who opposed the decision were lead rapporteur Antonio Anastasia, Benjamin Zymler, and Jorge Oliveira.

Anastasia supported the adoption of a single-stage auction model open to all interested parties, a stance supported by the Ministry of Finance, the TCU technical department, and the Federal Prosecution Service. These institutions believed that there was not enough competition basis to justify the restrictive measures and warned of the legal uncertainty risks this model might bring. The privatization operation bidding for the Tecon 10 terminal is seen as a strategic project to expand cargo handling capacity at the Port of Santos, with an expected investment scale of 6.45 billion reais.