Highway will have a contract extended until 2040, with fewer mandatory investments and a requirement of 90% of the works completed in the first 3 years
The TCU (Federal Court of Accounts) approved this Wednesday (25.JUN.2025) a proposal for consensual solution on the renegotiation of the concession contract of Fernão Dias (BR-381/MG/SP), 562 km stretch that connects Belo Horizonte (MG) to São Paulo (SP). Read A (PDF – 942 KB) of the judgment.
The decision was unanimous among the ministers, who accepted the understanding of 2024 of the CSC (Consensual Solution Commission), composed of representatives of ANTT (National Land Transportation Agency), Ministry of Transport, Autopista Fernão Dias (Arteris Group), SecexcoSens (Secretariat of External Control of Consensual Solution and Conflict Prevention) and others.
The new contract arrangement establishes the modernization of the concession for another 15 years, with the reduction of mandatory investments in Capex (capacity expansion, improvement, reconstruction, restoration and pavement) from R $ 16.20 billion to R $ 9.48 billion. Highlight for:
- R $ 5.81 billion in the restoration of the pavement;
- R $ 2.76 billion for extensions and improvements, such as the construction of 108 km of additional ranges and 14 km of marginal roads.
Of this amount, about $ 3 billion should be applied in the first 3 years.
In addition, Opex (conservation and operation) has been reduced from R $ 7 billion to R $ 5.4 billion.
The decision occurs before the critical state of the highway, with only 53% in good condition and a high rate of accidents.
“The highway faces considerable challenges related to road safety. Between 2019 and 2023, more than 8,000 accidents per year were recorded, only in the concession of AFD. In 2023, specifically there were about 144 serious accidents with victims and 123 fatalities,” says Minister Bruno Dantas’s report.
The granting of Fernão Dias began in 2008, ending in 2033. With the new arrangement approved, the remaining remaining remaining of the current contract remains, which will be added 8 years.
Contest
In addition to the renegotiation of the contract, the agreement promotes the holding of a new auction, in which the current dealership and other companies may participate.
The model includes reinforced surveillance mechanisms, performance goals and anticipated termination if goals are not met.
During the first 3 years, the delivery of 90% of the works considered priority will be required. Only then will the gradual increase of the toll rate be allowed, which will reach R $ 8.70 in the 3rd year.
The rapporteur of the proposal stressed that the measure avoids the risk of expiration or remedy of the contract, processes that could involve “costs of legal and administrative proceedings, as well as the burden to the Union to directly assume the operation of the highway during the transition period”.
Dantas also pointed out that it was the first time that TCU approved such a deal for a road concession with unanimous approval of the responsible committee.
“Importantly, it is the first case of unanimous convergence among CSC members in favor of the highway agreement, among all cases submitted to Secexconsenso”, declared.
