The Ministry of Transportation has commissioned a legal opinion to ensure there are no obstacles to submitting the feasibility studies for the Ferrogrão project to the public spending watchdog TCU. The continuation of the railway project currently hinges on the scope of the monocratic decision made in 2023 by Supreme Court Justice Alexandre de Moraes, which allowed the resumption of the studies.
According to the document obtained by Valor, the legal consultancy of the Ministry of Transportation concludes that there is “no legal impediment to submitting the updated Ferrogrão studies to the TCU.” The stance of the federal government attorneys working within the ministry has been interpreted as a “green light” to proceed with the next stages of preparing for the auction.
With the opinion in hand, Ministry of Transportation experts expect the National Land Transport Agency (ANTT) to send the studies to the watchdog by early 2025. The government is interested in holding the railway auction in the first half of 2026.
When contacted, ANTT said that “the documents are expected to be submitted in July 2025” and emphasized that there is still no “exact date” for filing the documentation for review by the oversight body.
The railway is a highlight of the investment plan in the sector, which is set to be launched in February. The project connects the city of Sinop, a major soybean and corn production hub in Mato Grosso, to the port terminals in Miritituba on the Tapajós River, in Pará.
The Ferrogrão railway, planned to stretch 976 kilometers, is supported by the agribusiness sector due to its potential to reduce logistical costs of production transport by up to 30%. Environmentalists also view the railway as a more sustainable alternative to road transport.
The project landed in the Supreme Court after the Socialism and Freedom Party (PSOL) filed a direct action of unconstitutionality (ADI) against the law that altered the demarcation of the Jamanxim National Park in Pará to accommodate the mega railway project parallel to BR-163.
The legal opinion requested by the Ministry of Transportation, signed last December, suggests that the government can proceed with the auction preparation and environmental licensing. The analysis warns that the process should not advance to actions characterized as the “actual execution of the railway construction.”
The legal consultancy’s position contrasts with the cautious tone adopted by Transport Minister Renan Filho. In recent public statements, he openly discussed his interest in launching the railway bid but stated that definitive approval from the Supreme Court is needed first.
Following Mr. Moraes’ decision in 2023, the government established a working group to discuss the resumption of the Ferrogrão studies with indigenous leaders and environmentalists.
However, civil society representatives abandoned the meetings, citing a lack of effective dialogue with government experts. They released a letter complaining that the Ministry of Transportation and related agencies—ANTT and the state-owned Infra SA—did not consider the submitted suggestions, such as a potential route change for the railway, and continued with the auction schedule.
The last order from Mr. Moraes in this case was in September of the previous year. In it, Justice Moraes requested an opinion from the Prosecutor General’s Office (PGR) regarding the formal statements submitted by ANTT and the AGU in the case, which has yet to be provided to the justice.