The federal government foresees R$110 billion in investments, between 2024 and 2026, in highways granted to the private sector based on the review of 14 contracts considered “stressed”, that is, with unsatisfactory performance and technical and financial lags. The review began to be carried out by the Ministry of Transport in September 2023.
The Highway Concession Contract Optimization Program was based on a decision by the Federal Court of Auditors (TCU) that allows the renegotiation of contracts, without the need for a new bidding process for the assets. In this way, investments in works that were stopped, due to financial adequacy problems, can be remodeled through additive terms signed with TCU mediation. Even so, if there is no feasibility of renewal, the court can approve the re-bidding, without having to wait for the current contracts to end.
Following the decision, the Ministry of Transport issued an ordinance with the rules for concessionaires to join. The measure provides for assessments of concessions based on the defense of the public interest, the application of low prices and the execution of short-term investments.
In a ceremony at Palácio do Planalto, Lula recalled the political practice of granting highway concessions to raise funds with high grant values, which is the money paid by companies to the government. According to him, however, this ended up increasing the amounts charged to drivers at toll booths.
“Making a concession is not for the State to acquire money to invest in another project. You want to make a concession so that the beneficiary is the user of the road, railway or anything else”, said Lula, also highlighting that it is the duty of public agents to seek concessions to resolve problems.
President Luiz Inácio Lula da Silva, during a ceremony to publicize the Highway Concession Contracts Optimization Program Photo: Fabio Rodrigues-Pozzebom/ Agência Brasil
“The State’s logic is to be aware that it cannot do everything and that it does not have the money to do everything. So, he has to attract private resources in the most civilized way possible to carry out that work, in which the businessman earns his share, the user earns his share and the State is happy because it has fulfilled its role of being an inducer of this good political practice”, stated the president.
The Minister of Transport, Renan Filho, said that, of the 14 contracts adhering to the program, negotiations for two were discarded before reaching the TCU: Concer and Rodovia do Aço. Four concessions must undergo re-bidding, three of which have already been approved by TCU: Eco101, MSVia, Fluminense and Concebra. The other eight are still pending in court or with the government, they are: Via Bahia, Fernão Dias, Régis Bittencourt, Via Brasil, Litoral Sul, Planalto Sul, Transbrasiliana and Ecosul.
“We observe that these highways are exactly in the most economically thriving region of the country [a maioria na Região Sudeste] and their works were at a standstill, with low investment, in other words, delaying the country’s development”, said Renan Filho.
He explained that optimizing the contract involves re-discussing works, deadlines and tariffs, taking advantage of existing projects and valid licensing. After the TCU ordeal, the asset will be taken to auction again with the new parameters. The company that holds the current concession can also compete in the auction.
“After we reach an understanding with the company that is making an investment in that region, we take these new parameters and take them to the stock exchange to hold a new auction and see if there is someone who is able to offer even more advantages. for the citizen and for the advancement of national infrastructure. This provides transparency, guarantees the selection of companies that have the best conditions to make investments and is good for everyone”, explained minister Renan Filho.
The renewal of so-called stressed contracts was subject to measures such as the waiver of legal proceedings, the anticipation of the schedule and guarantee of execution of works, in addition to the modernization of clauses in accordance with current public policies and objective rules for possible non-compliance.
The National Land Transport Agency (ANTT) is responsible for supervising contracts and technical evaluation of the execution of works.
The government estimates that the renegotiations will result in 1,566 kilometers of duplications, 436.9 kilometers between 2024 and 2026, and 849.5 kilometers of additional lanes, 209.6 kilometers between 2024 and 2026. 19 Stopping Points and Rest (PPD) for truck drivers. Calculations indicate that the works could generate 1.6 million direct and indirect jobs.
