In a recent decision issued on April 7, 2021, by the 4th Civil Court of the District of Itajaí – in the proceedings before the Court of Justice of the State of Santa Catarina – the Judiciary determined that the container shipping company should indicate a storage location for the immediate return of the cargo units indicated by the freight forwarder, regardless of the advance payment of expenses related to the period of [the shipment]. demurrage, within 48 (forty-eight) hours, under penalty of a daily fine in the amount of R$ 1,000.00 (one thousand reais).
The freight forwarder sought judicial relief after adopting... modus operandi without any contractual provision on the part of the Shipping Company, precisely in order to obtain the return of the equipment used by it in international trade operations and, consequently, halting the exponential growth of expenses related to demurrage.
Thus, the indispensability of a specialized team to provide the necessary legal support to international trade operators is demonstrated, since, often, even when they carry out their commercial activity in accordance with the current legal system, they are surprised by arbitrary conduct, which ends up making it impossible to continue their functions.
For more information, contact our team!
Decision commented on by Gian Lucca Jorri, Lawyer, graduated in Law in 2016 from the Catholic University of Santos / SP., Specialist in Customs and Tax Law.
OAB/SP No. 404.759
