Post by account_disabled on Mar 12, 2024 23:54:28 GMT -5
The contractual relationship between the parties is not influenced by any irregularity at the administrative level. With this understanding, the 22nd Chamber of Private Law of the Court of Justice of São Paulo recognized the right of a maritime carrier to be reimbursed for a fine imposed on him due to the provision of misleading information by the customer.
Disclosure/Port of Rio Grande
Disclosure/Port of Rio Grande Maritime carrier will be reimbursed for fine imposed on him due to customer error
The action was filed by the maritime B2B Lead carrier against a cargo agent. The transporter requested that the agent be obliged to reimburse the R$5,000 fine imposed by Customs at the Port of Manaus for having provided incorrect information on the bill of lading, which had to be corrected. The action was upheld in the first instance and the sentence was unanimously upheld by the TJ-SP.
When denying the cargo agent's appeal, the rapporteur, judge Hélio Nogueira, highlighted that he assumed responsibility for the error in the information and expressly committed to compensating the maritime carrier for the damages caused as a result of the imposition of the fine. In his defense, the defendant claimed that he was also penalized by the Federal Revenue Service and, therefore, could not reimburse the transporter. The argument, however, was rejected by the rapporteur.
According to him, “since the author has committed to indemnifying the defendant in the event of a fine being imposed, the defect being found to be the alteration of the bill of lading, a mistake in her sphere of responsibility, there is no talk of the author's duty to exercise the role of defense of not being a taxpayer entitled to pay the fine issued”. “There is no bis in idem in a tax assessment for another taxpayer with whom it cannot be confused”, he added.
Thus, in an understanding reconciled with that of the court of origin, Nogueira concluded that the contractual relationship between plaintiff and defendant is not influenced by any irregularity at the administrative level. “If you feel aggrieved by double charges in relation to the same fact, you must use legal means to challenge the allegedly defective administrative act,” he said. The maritime transporter is sponsored by the law firm Reis, Braun e Regueira Advogados.