Santos Brasil loses final STJ appeals over port fee ban

Santos Brasil has exhausted its legal appeals before Brazil's Superior Court of Justice, known as the STJ. The outcome keeps the terminal operator barred from collecting the controversial port handling fee known as SSE or THC-2 from Marimex.

The dispute between Santos Brasil and Marimex spanned 24 years in the judicial system, with the case spending 14 years before the STJ alone. An earlier preliminary injunction had already prohibited Santos Brasil from charging the tariff to Marimex since 2009.

The broader debate over the port tariff carried substantial economic weight. Brazil's Ministry of Finance estimated that the collection of THC-2 generated an annual impact of 1 billion BRL for consumers and the national economy.

Related proceedings on the matter had also divided the court. On March 5, 2024, the STJ Second Panel voted 3 to 2 to send the discussion on the fee's regulatory validity to the Federal Courts.