BRAZIL Trends and Developments Contributed by: Livia Sancio and Alice Studart, Salomão Advogados
stances, such as unpaid freight or general average, while prohibiting the refusal of new shipments due to default under contracts already being performed. At the same time, the ruling raises questions regard - ing the limits of regulatory authority, given that the assessment of specific factual circumstances and the legality of charges under civil law ultimately falls within the remit of the judiciary. Legal Nature of Demurrage The legal nature of demurrage remains another con - tentious issue likely to gain prominence in 2026. Tra - ditionally, Brazilian jurisprudence – including consoli - dated precedents of the STJ – has treated demurrage as compensation for the use of containers beyond the agreed free time, without limitation to the value of the container, reflecting its function as compensation for equipment unavailability. However, in September 2025, the Fourth Panel of the STJ departed from this line of authority and held that container demurrage has the legal nature of a penalty clause, establishing that the amount charged by car - riers should be limited to the value of the container itself, unless additional material damages are proven. The issue remains far from settled, and further judicial clarification and potential harmonisation of case law are expected throughout 2026. Final Remarks In summary, the Brazilian landscape for 2026 is char - acterised by growing demand, a robust investment agenda and increasing pressure for logistics efficiency, with particular emphasis on structural initiatives such as the Tecon 10 auction and the expansion of con - cession models across additional transport modes. At the same time, sector development is taking place
within a complex and fragmented regulatory environ - ment, in which the multiplicity of rules and the rapid evolution of regulatory guidelines increase compliance costs and render predictability – a critical element for capital-intensive projects – an increasingly valuable asset. This context is further heightened by the fact that 2026 is an election year in Brazil, a circumstance that traditionally intensifies political, institutional and reg - ulatory debate, with potential direct implications for policy formulation and implementation in the logistics and maritime sectors. Against this backdrop, logistics diversification through cabotage and inland waterway navigation emerges as a key driver of both competitiveness and decar - bonisation, particularly in a country whose transport matrix remains heavily road-based. The BR do Mar framework and the expected supplementary rules on sustainable vessels point towards alignment with the energy transition, while government programmes signal efforts to accelerate sustainability within the maritime and port environment. In parallel, offshore activities remain strategically relevant: while the ener - gy transition advances, oil and gas exploration – par - ticularly in the Equatorial Margin – will continue to sit at the centre of technical, socio-environmental and judicial debate. Finally, regulatory and contractual disputes in the sec - tor reaffirm that infrastructure development depends not only on investment, but also on institutional co- ordination and legal certainty. For 2026, the central challenge lies in fostering a stable and transpar - ent regulatory environment capable of encouraging investment, innovation and sustainability, while ensur- ing access to effective dispute resolution mechanisms where necessary.
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