Container Demurrage Cases Take Center Stage in Brazil’s Newly Created Maritime Law Center

Complaints about demurrage incurred after delays in returning containers took center stage at the 4.0 Maritime Law Justice Center of the São Paulo State Court of Justice (TJ-SP), established four months ago. The center currently has 150 lawsuits in progress, with 99.9% related to the Port of Santos. Of these, 80% concern demurrage or container detention. Cargo damages and insurers’ recourse actions are also among the main causes.

According to the judge in charge of the 4th Civil Court of Santos and coordinator of the Maritime Law Center, Frederico dos Santos Messias, 150 actions were filed between November 27 and March 25.

Regarding recourse actions, the judge explains that “100% of maritime transports are insured, so when there is any damage, the insurer compensates the insured and has the right to claim damages from whoever caused the harm.”

The judge explains that the financial stakes in these legal actions can be substantial. Demurrage cases, for instance, can vary from R$ 100,000 to R$ 1 million, depending on how long the container is delayed in being returned. Cargo damage cases, on the other hand, often involve amounts exceeding R$ 1 million due to their significant economic impact. Insurers’ recourse actions, which are frequently filed, are closely tied to cargo damage cases.

Lawyer

Enthusiastic about the initiative, the president of the Maritime, Port, and Customs Law Commission of the Brazilian Bar Association in São Paulo (OAB-SP), Thiago Miller, says that the idea of creating the specialized center came from the group. “We were the ones who urged the São Paulo Court of Justice to establish the center. Dr. Frederico, as part of the body of judges, helped us in the paths we took. We provided the study, and everything helped us bring the project to life.”

Excited about the initiative, Thiago Miller, the president of the Maritime, Port, and Customs Law Commission of the Brazilian Bar Association in São Paulo (OAB-SP), explains that the idea for creating the specialized center originated from their group. “We were the ones who encouraged the São Paulo Court of Justice to establish the center. Dr. Frederico, as part of the body of judges, assisted us in the steps we took. We provided the study, and everything contributed to making the project a reality.”

According to the president of the Maritime, Port, and Customs Law Commission of OAB-SP, the total of 150 actions is a good number, considering that there was a Judiciary recess between December and January.

“Things can only become more agile, especially because the staff is fully dedicated to the center, as are the judges, who are all from Santos.”

Not a specialized court

The Maritime Law Center operates 100% digitally, with the distribution of demands through the computerized system, virtual assistance, and hearings held via videoconference. In addition to Judge Frederico dos Santos Messias, the other judges are Rejane Lage and Gustavo Louzada, who also handle cases in their respective courts.

However, Messias clarifies that the center is not a specialized court. “Center and court are different entities. We operate under a regulation from the National Council of Justice (CNJ), which established the 4.0 Justice Centers. These centers aren’t akin to a traditional court with a permanent judge. They’re established for specific reasons, and in our case, it’s due to the complexity of Maritime, Port, and Customs Law. The center functions with three judges, each serving a two-year term, renewable for another two years.”

Messias emphasized that the center is not a collegiate body that issues a single decision. “The three of us are independent judges, and each decides on their cases. Each one issues their decision with absolute freedom in these matters of Maritime, Port, and Customs Law. The judgment issued in the center is the same as the rulings issued in the common civil courts.”

Source: A Tribuna

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