Regularização temporária de áreas não afetas às operações portuárias: aplicação por analogia das regras do contrato de transição

This article examines the absence, in MINFRA Ordinance No. 51/2021, of a transitional contractual instrument to regularize the use of areas not assigned to port operations once formal occupation has ended. Using a deductive approach, with bibliographic and documentary research and qualitative analysis, it argues that this gap can be filled by applying, by analogy (art. 4 of the LINDB), the rules of the Transition Contract set forth in ANTAQ Resolution No. 127/2025. The study demonstrates the gap, the identity of legal rationale between the two instruments and the absence of any legal prohibition, supported by ANTAQ's own precedent. It concludes that the solution is legally viable, while preserving the duty to hold public bidding.