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Ports Law goes through mini-reform and expands operational capacity

Posted by Marina
Considered a “mini-reform” by the Ministry of Infrastructure, Provisional Measure 955/2020 was sanctioned today by the federal government. The provision alters the Law on Ports and makes port activity more open for doing business. The law also creates rules for the operation of ports during the pandemic, in addition to defining rules for the removal and compensation of workers in groups at risk.

According to a note released by the portfolio, the flexibilization of lease agreements is one of the main changes brought by the law. There is no longer a need for bidding when only one interested in port leasing is registered in the process, and the contracting will be done by public call.

According to the ministry, the National Waterway Transport Agency (Antaq) is empowered to regulate other forms of exploration of port areas and facilities not provided for in the legislation. Currently, the agency has only the lease for the occupation of port facilities.

In relation to individual port workers (TPAs), in addition to the rules for removal due to covid-19, the law defines escalation by electronic means for unloading at ports. This means that the worker will be notified via mobile phone about his demand, unlike the current process, which is in person.

In the event of a strike or unavailability of TPAs, the new law states that the port operator may freely hire workers with an employment contract for up to 12 months to perform certain services, such as foreman and cargo checking.