Minimum Freight Charges: New Developments and Potential Impacts of Bill No. 6/2026

There have been new and significant developments in the regulatory framework governing minimum freight rates for road freight transport. On July 17, the Senate approved a bill (PLV No. 6/2026), which is now awaiting the President’s approval or veto, a decision that must be made by August 6.

If signed into law by the President of the Republic, PLV No. 6/2026 will preserve the essence of the current law: fully automated enforcement, blocking the issuance of the Transport Operation Identifier Code (CIOT) for violations of the minimum wage, increased fines, and suspension from the National Registry of Road Freight Carriers (RNTRC).

Below are some of the points that take on greater significance in light of the possible consequences of this sanction or veto phase.

Conversion of Previous Violations to a Warning

Violations of the National Policy on Minimum Wages for Road Freight Transport committed prior to the publication of the new law will no longer result in fines, suspension, or cancellation of registration; instead, they will result only in a warning for informational purposes.

The measure will primarily benefit taxpayers who have accumulated fines resulting from the automated enforcement system launched in late 2025. The conversion is not limited to administrative proceedings still in progress and penalties that have not yet become final; it also covers fines that have already been definitively assessed but have not been paid by the time the law is published. In other words, even fines that have already been closed at the administrative level—provided they remain unpaid—will be converted into simple warnings.

The conversion of violations does not apply to situations in which fraud, willful misconduct, simulation, use of a false document, deliberate omission of information, or any conduct intended to evade inspection is found. In such cases, the assessment proceeds as usual, with the applicable penalties imposed.

Finally, two limitations deserve special attention for the contracting party. The first is that the conversion does not preclude the carrier’s right to collect, through its own channels, any freight differences or compensation arising from payment below the minimum rate; civil liability remains separate from administrative liability. The second is that the law does not authorize the refund of amounts already paid as fines.

Amounts in millions of reais and the discrepancy with current regulations

The current regulatory framework provides that repeat offenders may be subject to increased fines on a progressive scale: R$ 1 million, R$ 2 million, R$ 5 million, and R$ 10 million.

In addition, those with accumulated final fines totaling R$ 5 million, R$ 10 million, and R$ 15 million may be barred from entering into new freight contracts for 5, 10, or 30 days, respectively.

Bill No. 6/2026, however, did not fully incorporate these rules. The new text limits the fine to R$ 1 million, allowing it to be doubled only in the event of a specific repeat offense. As a result, the fines of R$ 5 million and R$ 10 million provided for in the current regulations are now incompatible with the proposed legal limit. Furthermore, since the bill did not retain the provision supporting the suspension of new freight contracts, this sanction may also be reviewed by ANTT if the new text is enacted.

Transition Rules

Finally, Draft Law No. 6/2026 established transitional rules. The competent agencies will have up to 180 days to issue regulations, and the new obligations will include a minimum 60-day grace period for compliance when there is a significant operational impact. There is also an express prohibition on using violations that occurred prior to the law’s publication to establish recidivism, repetition, or habitual violation; thus, the period leading to the most severe penalties only begins to run from the effective date of the new regime. Transportation contracts in effect as of the date of publication must be brought into compliance with the new provisions within 90 days.

Since the text of the PLV is still pending presidential approval, the deadlines and final content may be subject to change until publication. The Civil Litigation and Arbitration practice at Araújo e Policastro Advogados continues to monitor the bill’s progress and is available to assist with the evaluation of specific cases and the mitigation of risks related to this matter.

Authors:

Roberta Novaes Marcondes – rmarcondes@araujopolicastro.com.br

Eduardo Adua – eadua@araujopolicastro.com.br