The Federal Court of São Paulo has ordered the release of imported goods without the need for a bond, as they were arbitrarily detained by Customs for almost one year while investigating the alleged under-invoicing of goods in the transaction.

The correct decision was based on the impossibility of retaining goods suspected of price gouging – under-invoicing – since infractions of this nature are not punishable by forfeiture, the only hypothesis foreseen in the current regulatory norm for taking such an extreme measure.

This understanding was compounded by the excessive time taken to conduct the inspection activities, which had already lasted for many months, causing significant losses to the importing company sponsored by DB Tesser, such as storage costs and hindering the full exercise of its social function.

The arbitrary actions often perpetrated by the Public Administration cause harm to importers which, if not stopped, could be fatal to the company. Therefore, the assistance of a specialized law firm is indispensable.

For more information, contact our team!

Decision commented on by Bárbara Melro Seabra, Lawyer, graduated in Law in 2016 from the Catholic University of Santos / SP, Specialist in Customs / Tax Law.
Brazilian Bar Association number 430.011