The Federal Audit Court (TCU) analyzed a proposal foran agreement between the National Land Transport Agency (ANTT) and Ferrovia Transnordestina Logística S.A. (FTL) to resolve conflicts regarding the concession of the Northeast Rail Network,which was awarded in 1997 for the operation of a freight railway service.
The agreement provides for the return of 3,014 kilometers of non-operational railways to the Union and the recognition of an indemnification of approximately R$ 1.785 billion due to the company. The payment and fulfillment of the main obligations provided for in the agreement depend on the future extension of the concession, scheduled for 2028.
To reduce the risks of this negotiation, the TCU requested changes to the text of the agreement. Among the main measures, are:prohibition of using compensation and fine conversion resources to pay maintenance serviceswhich were already the concessionaire's obligation;requirement of a detailed schedule of works and expenses; creation of penalties proportional to the severity of the breaches,with the possibility of collecting the full compensation. The agreement also establishes deadlines and sanctions for the deactivation of the returned sections. If there is a delay by the public authorities, these obligations may be suspended and reprogrammed, but they will not simply be eliminated.
The new version also requires thatlight rail projects must be technically prepared and meet management requirements before receiving funding.Furthermore, FTL agreed not to challenge the validity, application, and calculation criteria of the Department of National Infrastructure Transport (Dnit) standard used to determine compensation.
The TCU concluded that all requested changes have been met and proposed authorizing the signing of the agreement, with monitoring of its implementation. However, signing does not eliminate the need for oversight. It will be necessary to verify, in each case, whether the funds are financing improvements and expansion of the railway, and not covering maintenance that the company should have already performed.It will also be necessary to monitor the technical evaluation of urban mobility projects, especially those in Arapiraca, in Alagoas, and Campina Grande, in Paraíba.The concern is that the Ministry of Transport will participate in both the coordination of these projects and their technical evaluation. Therefore, this evaluation should be documented by a separate technical area from the one responsible for coordination.
For the TCU, the agreement offers a better result than the termination of the concession and a long legal dispute. In addition to the return of the sections and compensation, the company will assume obligations of deactivation of the infrastructure, environmental and land regularization, and geographic mapping, as well as investments of R$ 136.28 million to reduce conflicts between the railway and urban areas. Finally, the public version of the agreement and its annexes should be disclosed, keeping only the information actually protected confidential.
The rapporteur of the case is Minister Walton Alencar Rodrigues.
SERVICE
Read the full decision:Judgment 2906/2026 - Plenary
Case:TC 006.124/2025-9
Ordinary session: 21/10/2026
Secom - SG/pc
Press media inquiries - email:imprensa@tcu.gov.br
Citizen inquiries - email:ouvidoria@tcu.gov.br