Summary In an article for the Sonho Seguro blog, partner Rafael Ferreira highlights the importance of discussing access to guarantees by companies that carry out cargo maritime transport operations in Brazilian ports. 

Summary In a contribution to Portos e Navios Magazine, partner Fernando Moromizato comments on the case of the repatriation of the crew aboard the Srakane, a Panamanian-flagged ship moored in Guarujá.

Summary: In a contribution to Valor Econômico newspaper on April 17, 2021, partner Lucas Rênio commented the recent TRT position on the participation of the Labor Management Agency (Ogmo) in the recruitment and hiring of independent port workers.

"(...) According to lawyer Lucas Rênio, from the Ruy de Mello Miller Advocate, the TST has a precedent in favor of the priority contracting, not exclusive, via Ogmo. He affirms that the Court has followed this understanding since Law 8.630/1993 (former Law on Ports) was in force. At the time, the ministers interpreted the norm in light of Convention 137, of the International Labor Organization (ILO), which stipulates the priority. 'The OIT convention had a supra-legal status in view of the 1993 law, the same happens with the current Law on Ports,' he says."

Summary: “The law cannot be contradictory and autophagic, creating an institution and at the same time making room for its pretermission”. In a contribution to the Valor Econômico newspaper on April 4, 2021, partner Lucas Rínio comments on the recent decision of the TST, which sets a precedent for the hiring of independent port workers through unions, and not through the Labor Management Agency (Ogmo).

Summary: "The diplomatic notification, in a way, explains the passivity in the face of the presence of foreigners in Brazil-Argentina traffic: The lack of interest in maintaining the Agreement was formalized, to the regret of those who have so far acted within the rules.” In collaboration with the Argentine vehicle Mercojuris, partner Marcel Stivaletti analyzes the end of the Brazil-Argentina bilateral agreement from the perspective of regulatory omission, regarding the presence of foreign shipowners in the Agreement scope, and the impact that the decision will have on the cabotage navigation.

Summary: "Episodes of physical aggression, torture and death seem to repeat themselves without major consequences for those who hire the private security service, but this should not always be the case." In a column published by the Consultor Jurídico (ConJur) magazine, Ana Junot and José Carlos Higa address the need for companies to create internal policies for the identification, assessment and management of contracted third parties, regardless of regulatory gaps in Brazil, within the DOJ and SEC principles risk based approach. "The State silence is not a reason for the omission of private agents, who are part of a supposedly fair, democratic and egalitarian society."

Summary: This is an analysis of the view given by the National Agency for Waterway Transport about the over-stay of containers incident to export and the performance of maritime carriers, whether the actual carrier or the cargo agent, as a non-operating ship carrier. The study is based, in addition to the diction of Resolution no. 18/2017, the current understanding of Antaq on issues sensitive to the mandatory relationship established between the maritime carrier and the container taker.
*Síntese Magazine includes legislation, jurisprudence, doctrine and informative content aimed at lawyers, attorneys, magistrates, academics and other legal practitioners. This article is available in its latest edition: http://www.sintese.com/.

Summary: After analyzing the history of national legislation on the subject, the article describes the alternatives for the legal-institutional modeling of a private port administration, contemplating, on the one hand, the hypothesis of transfer of shareholding control of the company responsible for the function under discussion, and, on the other hand, the different ways to promote the concession of port services, whether in the common modality or in the form of a Public-Private partnership.

Síntese  magazine contemplates legislation, jurisprudence, doctrine and informative content aimed at lawyers, attorneys, magistrates, academics and other legal practitioners. The aforementioned article, as well as the text “Management of Organized Ports”, signed by the General Director of ANTAQ, Mario Povia, which the authors of RMM recommend as supplementary reading, are available on the publication 51st. edition.

Summary: Originally published by the Chilean vehicle Mundo Maritimo, article by partner Lucas Rênio is reproduced by the Chilean Customs Chamber. He writes about the technological revolutions that impact global port logistics, stressing the importance of including 'automation' on the legislative debate agenda change that emerged amid negotiations to end the strike by dockworkers at the port of Valparaíso. The strike began in November last year and lasted more than a month, reducing shipments by 95% in the middle of the country's fruit season. “The contingent of Ports that existed until the second half of the 20th century in Brazil and in other ports of the world no longer has a reason to exist today. It lost logic for a long time, generating anachronistic situations with excessive games, unfulfilled functions, etc. "

Summary: In collaboration with the Portuguese vehicle Revista Cargo, partner Thiago Miller summarizes the crisis that the Brazilian logistics market is experiencing, considering the impact of more recent events, such as the stoppage of truck drivers in May, and the Public Hearing that took place last week, in Brasília, to discuss the terms of Provisional Measure (MP) 832, converted into Law 13.703/2018, which instituted the policy of minimum prices for road freight transport.

Summary: Commemorative insert published in A Tribuna newspaper on July 6, 2011, the date on which RMM celebrated 50 years of foundation.

Summary In a contribution to Fausto Macedo's Blog, of the Estadão Newspaper, partner Aline Bayer writes about the correct management of water resources by regulatory bodies in order to inhibit the prioritization of one sector of the economy over another. The issue gains special relevance at a time when Brazil is going through another water crisis.

Summary: Docks Privatization, port biddings, hazard and risk premiums, contracting of TPAs and suspension of maritime agents by the Customhouse: in the Maritime Guide May edition, RMM partners comment on the five legal issues that will mark the maritime and port sectors in the second semester of 2021. Check on the Magazine's page 10

Summary “If there is a vessel from another EBN that is able to offer the intended transport, the so-called 'blocking' will be given, as provided for in article 12 of the aforementioned diploma. The regulation even allows this act to operate in a partial way, when the vessel is able to cover part of the period or circularized load. In collaboration with the Argentine vehicle Mercojuris, partner Marcel Stivaletti analyzes ANTAQ's Resolution 41/2021, which deals with chartering a vessel to operate in inland navigation. In force since April, the standard outlines the documental obligations concerning navigation safety, the hypothesis of chartering a foreign vessel for inland navigation, the conditions for sub-chartering, and addresses the need to translate the contract between the freighter and the charterer, as well as the related infraction types, which can generate fines between R$ 20 and R$ 200 thousand. Read more about it at the link (text also available in Spanish).

Summary “(...) At no time there is a concern to establish the cabotage improvement as a starting point to reduce regional inequality, increasing the trade between different regions of our country. The main point is evident: to facilitate the chartering of foreign vessels, reducing the costs of companies that develop coastal shipping in the country.” In an article published in the 60th. in the edition of Síntese Magazine on Port, Maritime and Port Law, José Carlos Higa and Ana Beatriz Junot highlight the positive and negative points of PL nº 4.199/2020, and outline a critical analysis of its ability to contribute to reducing social and regional inequalities in Brazil. Based on the Federal Constitution, on TCU decision, and on CADE considerations, Higa and Junot assess that the delimitation of public policies in BR do Mar is scarce for a normative-regulatory act committed to national sustainable development.

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This article is available in the January and February 2021 edition of Revista Síntese.

Summary “(...) One should not make a blank slate of the debate and imagine that everything that goes back to regulation via decree would be unconstitutional.” Contributing to the Argentine portal Mercojuris, partner Marcel Stivaletti writes about BR do Mar and analyzes questions about the regulatory power granted by the rule to the Executive (Minfra), even in detriment of the technical entity itself (ANTAQ). The amendment by Federal Deputy Fausto Pinato is an example of these questions about the text constitutionality: it proposes the suppression of provisions that allow the Executive Branch to establish conditions for the use of foreign vessels in cabotage.

Summary: SPA must respect the ships arrival order at the dockside: preliminary decision issued on Monday (14), recognizes irregularities committed by the Santos Port Authority in the selection process of transitional tenants, and guarantees isonomy in the access and use of public use port facilities and general of the Port of Santos The request was made by companies that had been passed over in the use of berths 1 and 3 on the Saboó pier; pre-qualified as port operators and with a long history of activity in the Port of Santos, they use the public pier to meet demand that is not supplied by the port terminals lease holders.

"The State cannot surrender to casuistry, asserting its will against established norms. The decision made was surgical, brilliantly reflecting our warnings within a technical language in order to contain greater losses on a category so important for our region: the public pier port operators", commented José Carlos Higa, partner at RMM who worked in the case.

The decision gained repercussion in the newspaper A Tribuna de Santos, and partner Thiago Miller contributed to the agenda explaining that the notice for the transitional lease process was changed to give preference to the tenant.

Summary: Partner Thiago Miller talks to TV Record Litoral after participating in the panel "Port Authorities: Vision for the Future, Privatizations and Service Concessions", during the first Port Regulation Congress promoted by OAB Santos. The event took place on October 21 and 22 of 2019, and brought together authorities and legal experts from the sector in the Order's subsection auditorium. Thiago chairs the Maritime and Port Law Commission of the OAB São Paulo.