ARTESP and Its New Internal Regulations

With the inclusion of waterway, metro-rail, and intermunicipal collective transportation services—thereby expanding the Agency’s scope of action—and the changes to its organizational structure, ARTESP will consolidate its strategic role in the integration and regulation of the various transportation modes in the State of São Paulo.

On February 28, the São Paulo State Regulatory Agency for Delegated Public Transportation Services (ARTESP) published amendments to its Internal Regulations, based on the changes introduced by Supplementary Law No. 1,413/2024, as regulated by State Decree No. 69,339/2025. Following a 30-day transition period for implementation, the new ARTESP Internal Regulations will enter into force.

The new Internal Regulations are noteworthy for the comprehensive restructuring of ARTESP’s organizational framework.

Article 3 defines ARTESP’s authority to supervise, control, and regulate all modalities of public transportation services and infrastructure that are delegated, authorized, permitted, or granted to private entities, including road, airport, waterway, metro-rail, and intermunicipal collective transportation.

The Internal Regulations directly reflect the provisions of Supplementary Law No. 1,413/2024, which, in Article 63, details ARTESP’s responsibilities for the supervision, control, and regulation of all transportation services and related infrastructure at the state level. This provision encompasses transportation modalities that were previously under the authority of other bodies or were not regulated.

With respect to senior governance, the new Regulations reduce the number of senior bodies from five to four and eliminate sector-specific directorates, establishing a Board of Directors consistent with the model adopted by federal regulatory agencies, as follows:

Board of Directors, composed of the President Director and four Directors, responsible for reviewing, deliberating, and deciding—at the final administrative level—matters within ARTESP’s competence. A significant change is the introduction, unlike under the former regulations and Supplementary State Law No. 914/2002, of the possibility to file motions for reconsideration against decisions of the collegiate body, pursuant to Article 24 of Supplementary State Law No. 1,413/2024.

Ombudsman’s Office, which generally retains its prior responsibilities, including monitoring and safeguarding the quality and efficiency of the Agency’s activities, protecting the rights of users and stakeholders affected by regulated services, and receiving and investigating complaints and reports.

Internal Affairs Office, which will act as an Ethics Committee, playing a central role in internal oversight. Its duties include proposing the initiation of administrative liability proceedings and providing guidance on their conduct.

Legal Department, responsible for ARTESP’s judicial and extrajudicial representation, ensuring the defense of its interests and performing legal advisory and consultancy functions, including guidance on the application of rules, regulations, and legislation.

Another notable change is the renaming of the highest executive position from Director-General to President Director.

Pursuant to Article 32 of the Internal Regulations, in addition to hierarchical, administrative, and operational management, the President Director will have enhanced strategic and regulatory autonomy, holding an ordinary vote and, in the event of a tie, a casting vote in Board of Directors’ deliberations, in accordance with Article 16, paragraph 3, of the Internal Regulations.

ARTESP will also comprise the following Administrative Units:

Office of the Presidency;

Technical Advisory Offices to the Board;

Superintendencies; and

Management Units.

The Superintendencies will be organized into ten units, with both common and sector-specific competencies:

Internal Administration Superintendency (SUADI);

Information Technology and Digital Engineering Superintendency (SUTID);

Road Transportation Superintendency (SUROD);

Metro-Rail Superintendency (SUMEF);

Collective Transportation Superintendency (SUCOL);

Airport Superintendency (SUAEP);

Waterway Transportation Superintendency (SUHID);

Economic-Financial Regulation Superintendency (SUREF);

New Investments Superintendency (SUINV); and

Environmental and Social Superintendency (SUMAS).

Common competencies of the Superintendencies include proposing organizational structures and competencies for approval by the Board of Directors, regulatory and normative initiatives, process improvements, and the appointment of substitutes.

Among the competencies listed in Article 40 of the Internal Regulations are the issuance of communications, official letters, and notices to concessionaires, permit holders, and authorized entities; decisions on appeals against rulings issued by subordinate authorities (provided the administrative instance has not been exhausted); and the implementation and coordination of ordinary review procedures.

Individually, the Common Superintendencies have specific responsibilities to ensure the integrated and efficient functioning of administrative, technical, financial, and operational processes, including:

SUADI, responsible for managing ARTESP’s administrative activities, including procurement—having full authority to decide on contracts with values equal to or below BRL 650,000.00—as well as contracts, human resources, finance, and general services. SUADI also coordinates internal processes, administers contracts, manages procurement activities, oversees human resources, and executes the budget.

SUTID, responsible for the development, maintenance, and support of IT systems and digital infrastructure, as well as managing roadway network data and handling publications related to information and transparency.

SUREF, responsible for analyzing concessionaires’ finances, monitoring tariff adjustments, and overseeing revenue collection. This Superintendency also evaluates the financial impacts of contracts and proposes revenue-sharing mechanisms.

SUINV, responsible for analyzing and proposing new investments to improve state transportation, assessing the financial impacts of such projects, and issuing technical opinions.

SUMAS, responsible for monitoring environmental licenses, expropriations, and the socio-environmental impacts of concession projects. This Superintendency also implements the Socio-Environmental Policy, coordinates ESG practices, and oversees works compliance.

As for the Sector-Specific Superintendencies, each corresponds to a particular transportation mode. In general terms, all are responsible for developing and implementing inspection and control programs for works and services, including project analysis and the management of concession, permit, and authorization agreements.

Additionally, the Sector-Specific Superintendencies oversee concessionaires’ interactions with supervisory bodies, ensure compliance with contractual obligations, and manage matters related to insurance, guarantees, and economic-financial balance. Each of these Superintendencies may issue notices and initiate and adjudicate administrative sanctioning proceedings.

With the inclusion of waterway, metro-rail, and intermunicipal collective transportation services—expanding the Agency’s scope—and the changes to its organizational structure, ARTESP strengthens its strategic role in integrating and regulating the various transportation modes in the State of São Paulo.

This movement underscores the State’s institutional commitment to ensuring greater efficiency, connectivity, and quality in supervisory services, centralizing all regulatory processes and actions within a single, autonomous, and independent authority.

The expectation is that the new Internal Regulations will ensure and consolidate an integrated, cohesive, and legally robust approach to addressing the challenges inherent to each transportation mode under ARTESP’s jurisdiction.