São Paulo Court announces creation of Brazil’s first maritime justice center
Nov, 22, 2023 Posted by Gabriel MalheirosWeek 202343
The Maritime Law 4.0 Justice Center of the State Court of São Paulo (TJ-SP) is set to begin operations next Monday (27) with three justices from Santos. The entity will be entirely online and will encompass cases not only in Maritime Law but also in Port and Customs Law.
This unprecedented initiative in Brazil originated from the Study Center of the São Paulo Magistrate School (APM, responsible for the academic part of the TJ-SP), in partnership with the Order of Attorneys of Brazil in São Paulo (OAB-SP), through the Maritime, Port, and Customs Law Commission.
“The Study Center is comprised solely of magistrates, who had the idea of creating this specialized Justice Center. We forwarded this request to the OAB, which embraced this mission,” stated Frederico Messias, head of the 4th Civil Court of Santos, and coordinator of the Study Center and the Justice Center.
The other two judges who took part in the process were Rejane Laje, from the 9th Civil Court, and Gustavo Louzada, from the 3rd Civil Court. They will continue in their original roles, supported by four staff members appointed by the TJ-SP. The judges have a defined term of two years, with the possibility of renewal for the same period. It’s not coincidental that all of them are from Santos.
“The choice was a decision of the TJ-SP because the 4.0 Justice Centers, created by the National Council of Justice (CNJ), stem from the idea of specializing in the subject matter. Judges from Santos are more accustomed to maritime, port, and customs matters. Therefore, they are better equipped to deal with them. All were selected in an official process published in the Official Press, and they were the most senior judges who applied within the Santos district,” explained Messias.
Swiftness and Growth
As the Maritime Law 4.0 Justice Center is optional, according to the CNJ’s creation rule, those filing an action can choose where it proceeds. “If it’s the plaintiff, they can normally file the action outside the Center, and if the defendant does not want the process to go there, they simply need to inform that in the process, and it will return to the regular court, outside the specialized center,” says Messias.
For example, issues related to storage and cargo damage during transport are decided within the entity. “Specialization will result in ensuring the processes will be judged rapidly, with outcomes much closer to reality and providing legal certainty for all involved, especially in a sector where investments are substantial,” justifies Thiago Miller, President of the Maritime, Port, and Customs Law Commission of OAB-SP.
The idea has been advocated since 2008 by Judge Frederico Messias, who assumed the first committee in Brazil in the sector at OAB Santos.
The concept may spread to other states, according to Judge Frederico Messias. “Since it hasn’t started operating yet, there hasn’t been any demand. Perhaps, with effective functioning, we’ll start to see this type of interest,” projects Frederico Messias.
Source: A Tribuna
To read the original news article, pleas see: https://www.atribuna.com.br/noticias/portomar/tj-sp-cria-nucleo-maritimo-para-julgar-processos-no-setor
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