Our partner Diogo Nebias was featured in a CNN Brasil report on the decision of the Supremo Tribunal Federal that reinstated the possibility of charging the Segregation and Delivery Service (SSE) fee at container terminals.
In the ruling, the STF held that the Tribunal de Contas da União exceeded its authority by interfering in a regulatory matter that falls within the remit of the Agência Nacional de Transportes Aquaviários (ANTAQ), reinstating the agency's position on the issue.
As Diogo noted in the report, the decision reinforces the institutional logic of regulated sectors: the definition of technical rules must remain within the sphere of regulatory agencies, which have the technical staff and expertise to address the specific operational and economic aspects of the port sector.
The discussion does not close the legal debate over the SSE charge, but it raises a relevant point about the limits of authority between oversight bodies and regulatory agencies, a recurring issue in heavily regulated sectors.
