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  • Property Donation After Tax Debt Registration Constitutes Fraud, STJ Rules

    Property Donation After Tax Debt Registration Constitutes Fraud, STJ Rules

    The STJ (Brazil’s Superior Court of Justice) recently issued a relevant decision regarding the protection of creditors’ assets, especially in the context of corporate and tax liabilities. The court identified execution fraud in the donation of a property by a company partner after a debt was registered in the active debt roster (dívida ativa).

    The concept of execution fraud and active debt

    To comprehend the impact of this decision, it is necessary to understand two fundamental concepts of Brazilian law. The active debt (dívida ativa) is a public register that gathers unpaid credits owed to the federal, state, or municipal governments. When a company or individual fails to pay a tax and administrative appeals are exhausted, the amount is entered into this registry.

    Execution fraud (fraude à execução) occurs when a debtor disposes of their assets—through sale or donation—to prevent them from being used to pay a debt that is already being collected in court or, in the case of tax debts, that has already been registered in the active debt roster. This practice is considered severe because it directly harms the creditor and the effectiveness of judicial decisions.

    The transfer to the family unit

    In the case analyzed by the STJ, the central point was the timing of the donation and the destination of the asset. The property transfer occurred after the debt was already formally registered by the State. Furthermore, the property was donated but remained within the partner’s own family unit.

    For the courts, donating assets to close family members (such as children or spouses) after a debt is consolidated is a strong indication of an attempt to deplete assets. The Judiciary understands that, in practice, the debtor continues to enjoy the asset while attempting to shield it from attachments and legal collections.

    Increased attention for investors and new partners

    For investors, especially foreigners entering the Brazilian market, and executives assuming corporate positions, the scenario requires rigorous due diligence. When acquiring stakes in Brazilian companies, it is essential to map not only the legal entity’s active debts but also the history of asset movements by founding partners or administrators. The invalidation of an asset transfer due to execution fraud can generate legal uncertainty and indirectly affect the stability of business operations.

    Succession or family planning must occur preventively, during periods of tax and financial regularity, so that it is not later questioned or invalidated by the Judiciary.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • NR-4 Revision: Impacts on SESMT and CIPA

    NR-4 Revision: Impacts on SESMT and CIPA

    The occupational health and safety agenda in Brazil undergoes constant updates. One of the most anticipated changes for December is the revision of Regulatory Standard 4 (NR-4), which specifically addresses the risk degrees linked to economic activities. This update requires immediate attention from companies, which will need to map the effects on their internal accident prevention structures.

    What are NR-4 and Risk Degree?

    NR-4 is the standard that establishes the mandatory nature and criteria for organizing Specialized Services in Safety Engineering and Occupational Medicine (SESMT). The main guideline of this standard is the risk degree, a numerical classification assigned to each economic activity based on the National Classification of Economic Activities (CNAE).

    The risk degree reflects the probability of accidents or occupational diseases occurring in a given sector. The higher the risk of the activity, the greater the legal requirements for worker protection. The revision expected in December has the potential to reclassify several activities, which may increase or reduce companies’ obligations.

    Direct Impacts on SESMT and CIPA

    A change in a company’s risk degree creates a ripple effect on its labor and social security obligations. The two main points of immediate impact are SESMT and the Internal Accident Prevention Commission (CIPA).

    • SESMT Sizing: The number of required professionals, such as occupational physicians and safety engineers, depends directly on the number of employees and the company’s risk degree. An increase in the risk degree may force the company to hire more specialized professionals.
    • CIPA Structuring: Although governed by NR-5, CIPA also uses the risk degree to define the number of employee and employer representatives on the commission. Changes to NR-4, therefore, affect the composition and training required for CIPA members.

    The Broader Context: Compliance and Governance

    For foreign investors and executives operating in Brazil, compliance with Regulatory Standards goes beyond mere legal obligation. Efficient management of occupational health and safety is an essential pillar of corporate governance practices. Companies that keep their prevention structures updated mitigate risks of activity suspension, reduce absenteeism, and protect their market reputation.

    Furthermore, the risk degree can also influence the payment of taxes and social security contributions, such as the Workplace Accident Insurance (SAT). Therefore, a change in NR-4 is not just a human resources issue, but also a topic with potential financial repercussions for the corporation.

    The Importance of Preventive Mapping

    Adapting to new regulatory standards usually requires time, financial planning, and operational adjustments. Therefore, early preparation is essential to avoid labor liabilities and administrative fines.

    Preventive mapping should involve a multidisciplinary analysis. It is advisable for the human resources, legal, and financial departments to work together to evaluate the impacts of the NR-4 revision. Initial steps include reviewing all CNAEs registered in the company’s establishments and simulating the scenarios proposed by the new regulation.

    Waiting for the final publication of the standard to begin adjustments can result in tight deadlines for hiring qualified professionals and implementing the new guidelines, exposing the operation to unnecessary regulatory risks.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • Brazil-China Financial Integration: Panda Bonds and the Advance of Pix

    Brazil-China Financial Integration: Panda Bonds and the Advance of Pix

    Economic relations between Brazil and China are moving toward a new phase of financial integration. Recent information indicates an effort to deepen bilateral economic ties. This movement is evidenced by the interest of Chinese payment services in the Pix system and discussions around the issuance of Panda Bonds. This convergence, while promising for capital flows, also brings potential geopolitical developments to light, especially regarding relations with the United States.

    The Concept of Panda Bonds and Financial Diversification

    One of the pillars of this new integration phase is the mention of Panda Bonds. In international financial jargon, the term refers to debt securities issued in the Chinese domestic market by foreign entities, whether governmental or corporate, denominated in yuan (China’s official currency).

    Exploring this financial instrument represents a strategic move to diversify funding sources. By accessing the Asian capital market, issuers seek alternatives to traditional financing routes. For Foreign Direct Investment (FDI), consolidating channels like Panda Bonds can facilitate capital transit. This creates a more fluid environment for financing infrastructure projects and corporate operations in the Sino-Brazilian axis.

    The potential issuance of securities abroad also imposes corporate governance and regulatory compliance challenges. Entities accessing foreign markets must adapt their disclosure and auditing practices to the requirements of local regulators, which demands rigorous institutional preparation.

    Chinese Interest in Pix and Interoperability

    Beyond the credit market, cross-border payment infrastructure is another focal point in deepening financial relations. The interest of Chinese payment services in connecting to the Brazilian Pix instant payment system illustrates the search for greater technological interoperability between the two countries.

    Integrating international payment systems has the potential to drastically reduce friction in commercial transactions and tourism. Conceptually, allowing foreign infrastructures to communicate with Brazil’s instant payment system facilitates the conversion and settlement of funds, reducing reliance on traditional intermediaries. This fluidity is a significant attraction for investors and executives seeking to optimize transaction costs in bilateral operations.

    From a regulatory perspective, enabling instant cross-border payments requires strict alignment with current foreign exchange rules. Communication between foreign platforms and the Brazilian payment arrangement demands robust compliance structures. These ensure the traceability of operations and the prevention of financial crimes, which are fundamental aspects for the legal security of users and involved institutions.

    Deepening Relations and Geopolitical Tensions

    The strengthening of financial ties between Latin America’s largest economy and the Asian power does not occur in a political vacuum. Deepening this relationship carries the potential to increase geopolitical tensions, particularly with the United States, which historically maintains strong influence over the global financial architecture and investment flows in the Americas.

    For company founders, fund managers, and institutional relations executives, reading this scenario requires extra attention. Currency diversification and the adoption of new payment technologies can mitigate operational risks, but they also place companies in a more complex regulatory and diplomatic chess game. The corporate and financial planning of businesses with international exposure must, therefore, consider not only the efficiencies generated by these innovations but also the constantly changing geopolitical landscape.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • China Updates Arbitration Law to Attract Investments

    China Updates Arbitration Law to Attract Investments

    In September 2025, China approved a comprehensive revision of its Arbitration Law, marking the first major legislative update since the original rule came into effect in 1995. The new legislation, effective from March 1, 2026, reflects an effort to improve the business environment and offer greater legal certainty for foreign investors and global commercial partners.

    By modernizing its rules, the Asian country seeks to consolidate its position as a reliable hub for resolving complex commercial disputes, facilitating the flow of international investments.

    Pro-Arbitration Stance and Contractual Security

    The revised legislation adopts a pro-arbitration stance, seeking to uphold the validity of agreements whenever possible. One of the most significant advancements is the codification of the separability doctrine. This principle establishes that the arbitration clause is independent of the main contract.

    In practical terms, this means that the potential nullity, termination, or non-formation of the broader contract does not invalidate the arbitration agreement contained within it. This separation ensures that the dispute is resolved by the method chosen by the parties, preventing one of them from using the alleged invalidity of the contract as a tactic to evade arbitral jurisdiction.

    Furthermore, the new rule determines that if one party alleges the existence of an arbitration agreement and the other does not contest this claim before the first hearing, the tribunal will consider the agreement valid. This legislative backing highlights a strong inclination to preserve the initial intent of the contracting parties.

    Interim Measures and Enforcement of Awards

    The revision strengthens interim measures by formally introducing provisions for the preservation of conduct. This mechanism functions as a type of injunctive relief, allowing the tribunal to issue orders for a party to do or refrain from doing something specific during the proceedings, in order to prevent irreparable harm to the business.

    Additionally, the law expressly authorizes arbitral tribunals to request direct judicial assistance for the collection of evidence, providing greater effectiveness to the fact-finding process.

    The new law also expands the jurisdictional connection criteria required for the recognition and enforcement of foreign arbitral awards. This change reinforces the favorable environment and security for foreign capital, facilitating the execution of decisions rendered outside Chinese territory.

    Practical Perspectives for Cross-Border Trade

    The modernization of China’s Arbitration Law represents an important step toward the harmonization of international commercial practices. For executives, founders, and managers of foreign companies, the changes signal a more predictable and transparent dispute resolution environment.

    The strengthening of judicial cooperation in granting interim measures and enforcing foreign awards considerably reduces the risks associated with cross-border contracts. This scenario provides greater stability for the flow of investments and the structuring of long-term commercial partnerships in the Asian market.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • Earnout Disputes: Boundaries Between Expert and Arbitrator

    Earnout Disputes: Boundaries Between Expert and Arbitrator

    In mergers and acquisitions (M&A), especially in complex transactions or those involving foreign investment, the use of earnout clauses is common. An earnout is a price adjustment mechanism where a portion of the payment for the acquired company is conditioned on achieving future financial or operational goals. To ensure agility, cost reduction, and specialized technical knowledge, contracts frequently delegate any disagreements over these calculations to an independent accountant.

    However, a recurring issue often brings these dispute resolution mechanisms to the courts, frustrating the parties’ expectations of efficiency: what is the limit of this professional’s authority? Do they act solely as an accounting expert or do they possess the powers of an arbitrator to decide complex legal issues?

    A recent decision by the Delaware Court of Chancery in the United States—a jurisdiction with strong global influence on corporate litigation and M&A practices, including in Brazil—drew an important dividing line on the subject. The court reaffirmed that the parties’ intent, expressed in the structure and mechanics of the contract, prevails over isolated labels.

    The Case and the Contractual Divergence

    In the case of Georgia Security Solutions, LLC v. NewCBN, LLC, the sale of a video monitoring company included a potential earnout of millions of dollars tied to recurring revenue. The purchase agreement established limits on the buyer’s conduct during the measurement period, guaranteed information rights to the seller, and determined that unresolved disputes regarding the earnout be submitted to an independent accountant for a binding determination. The contract described this determination as being “deemed an arbitral award”.

    When the buyer reported revenue just below the threshold required to trigger the additional payment, the seller objected. The allegation was that the buyer had removed the founder from the operation, relocated essential employees, and intentionally caused accounting problems, constituting a breach of contract.

    Faced with this, the seller resorted to the court. The buyer, in turn, filed a motion to dismiss the lawsuit, arguing that the dispute belonged exclusively to the accountant, who would be acting in the capacity of an arbitrator. The court, however, rejected this interpretation.

    The Distinction Between Expert and Arbitrator

    The Delaware decision highlighted that the appointment of an accountant, the provision of an informal procedure, and the restriction of the analysis to strictly accounting issues indicate the choice for an expert determination, rather than full arbitration. The court concluded that the simple use of the label “arbitral award” in the contract text did not expand the professional’s scope of action to cover questions of law.

    Thus, it was up to the accountant to apply generally accepted accounting principles (GAAP), measure the qualified revenue, and interpret terms strictly linked to this mathematical calculation. On the other hand, the court reserved for itself the jurisdiction to judge the allegations of breach of contractual obligations (covenants), violations of information rights, and the respective financial reparations arising from these wrongful acts.

    The court also noted that an “exclusive remedy” clause did not alter this division of competencies, especially since other provisions of the contract itself provided for the possibility of enforcement and judicial measures for other purposes.

    Practical Implications for M&A Transactions

    This precedent reinforces the importance of precision in drafting business contracts, a critical point of attention also for cross-border transactions between Brazil and the United States. The delegation of disputes to third parties must be clear regarding the nature of the professional’s role and the exact limits of their authority.

    • Clear Definition of Roles: The contract must expressly state whether the accountant will act as an independent expert or as an arbitrator.
    • Scope of Authority: It is essential to detail who has the power to decide whether a specific dispute falls within the third party’s authority, which contractual terms they are permitted to interpret, and what legal remedies they can grant to the parties.
    • Procedural Rules: If the intention is for accountants or other experts to function effectively as arbitrators, with powers to decide questions of fact and law, the contract must explicitly provide for this, authorize this broader jurisdiction, and specify the applicable rules of the arbitral institution.

    Furthermore, the dispute resolution structure must be tested against the chosen applicable law, since courts in different jurisdictions vary in how they treat the label of “arbitration” and determine whether a process actually constitutes an arbitration under the relevant legislation.

    Imprecise drafting can result in fragmented litigation on two fronts—before the court and before the accountant—generating the exact risks of complexity, error, uncertainty, and procedural delay that these alternative mechanisms seek to avoid.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • STF Sets Deadline to Regulate Mining on Indigenous Lands

    STF Sets Deadline to Regulate Mining on Indigenous Lands

    The plenary of the STF (Brazil’s Supreme Federal Court) confirmed, in a recent decision, a 24-month deadline for the National Congress to approve a law regulating the participation of indigenous communities in legal mineral exploration within their territories. The Supreme Court’s measure endorses an injunction issued in February of this year by Justice Flávio Dino, who recognized the constitutional omission of the Legislative Branch in addressing the matter.

    In Brazilian law, a legislative omission occurs when a right or guarantee depends on a specific law to be exercised in practice, but parliament fails to enact that rule. By setting the deadline, the STF seeks to ensure that economic exploration occurs under a clear regulatory framework, protecting native populations and establishing guidelines for the productive sector.

    Legislative Omission and the Cinta Larga Indigenous Land Case

    The STF’s decision was motivated by a lawsuit filed by the Coordination of Indigenous Organizations of the Cinta Larga People (PATJAMAAJ). The entity petitioned the court to recognize that the absence of specific legislation prevents indigenous people from participating fairly in the economic results arising from the use of water and mineral resources in their territory, located in the state of Rondônia.

    According to the arguments presented in the case files, the lack of regulation worsens the social and economic vulnerability of the community. The Cinta Larga people face constant threats of invasion by illegal miners and suffer from violent conflicts linked to illegal mineral exploration. This scenario of legal and physical insecurity directly contributes to economic exclusion and the lack of formal income generation for local populations, who end up marginalized from the legal productive process.

    Transitional Rules for Mineral Exploration

    To mitigate the negative effects of the absence of a law while the National Congress does not conclude the legislative process, the STF plenary established strict guidelines that must guide any mineral exploration activity in the region. These transitional rules impose strict environmental and social compliance requirements for the extractive sector:

    • Prior authorization: Mineral exploration will strictly depend on the express authorization of the affected indigenous communities.
    • Territorial limit: The area designated for legal mining cannot exceed 1% of the total extension of the Cinta Larga Indigenous Land.
    • Sustainability and impact: The preparation of environmental impact studies and the implementation of sustainable management plans will be required to ensure the preservation of the biome.
    • Strict oversight: Continuous monitoring and oversight of authorized activities will be the responsibility of the MPF (Federal Prosecution Service).

    Precedents in Major Infrastructure Projects

    The STF’s determination aligns with recent precedents involving economic development in areas impacting traditional communities. Last year, Justice Flávio Dino himself issued a decision with similar premises regarding the indigenous communities affected by the construction and operation of the Belo Monte hydroelectric plant, located in the state of Pará.

    On that occasion, the STF determined that the communities should have direct participation in the profits generated by the plant. The injunction established that 100% of the amount transferred by the energy concessionaire to the Federal Government should be allocated to the affected indigenous people. As in the case of mining in Rondônia, the Court also set a 24-month deadline for Congress to approve a specific law detailing participation in the results of water resource exploration.

    Practical Perspectives for Investors and Corporate Governance

    The STF’s decision signals an institutional movement to consolidate environmental, social, and governance (ESG) requirements in Brazil, especially in high-impact sectors such as mining, energy, and infrastructure. For foreign investors and companies operating or intending to direct capital to the country, setting a deadline for legislative regulation indicates a necessary transition toward an environment of greater legal clarity and regulatory certainty in the medium term.

    Until the legal framework is definitively approved and sanctioned, economic agents must observe the transitional rules set by the Judiciary with extreme caution. The requirement for complex impact studies, management plans, and the strict limitation of the exploration area reinforce the need for rigorous audits and transparent institutional dialogue with local communities and control bodies. Structuring projects in the extractive sector will require the integration of sustainability metrics from the initial phase of strategic planning.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • STJ: Late disclosure by arbitrator does not prevent annulment

    STJ: Late disclosure by arbitrator does not prevent annulment

    The duty of disclosure in commercial arbitration

    Arbitration has consolidated itself as the preferred method for resolving complex business disputes, including corporate conflicts and issues involving foreign direct investment in Brazil. The attractiveness of this model is based on the technical expertise of the adjudicators, confidentiality, and the speed of the procedure.

    However, the legitimacy of arbitration depends directly on the trust the parties place in the chosen arbitrators. This is where the duty of disclosure comes into play. This legal concept requires that anyone appointed to act as an arbitrator must proactively and immediately disclose any fact or circumstance that could raise justifiable doubts about their impartiality or independence.

    The understanding of the Superior Court of Justice

    The Superior Court of Justice (STJ – Brazil’s highest court for non-constitutional matters) has established an important understanding regarding the limits and consequences of breaching this duty. The court ruled that late disclosure by the arbitrator does not prevent the annulment of the arbitration.

    In practice, this indicates that the obligation of transparency does not allow for later corrections that harm the parties’ right to choose. If an arbitrator had a potential conflict of interest and did not declare it at the appropriate time, the fact that they revealed this information late does not validate the procedure. The initial omission is sufficient to support a request to annul the arbitral award before the Judiciary, as it compromises the foundation of trust in the system.

    Practical implications for companies and investors

    For executives, board members, and investors, the STJ decision delivers a clear message about the strictness of the Brazilian arbitration system. National case law acts to preserve the fundamental guarantees of the process and does not tolerate flexibility when it comes to guaranteeing an impartial judgment.

    When structuring commercial contracts or shareholder agreements, companies must be aware that conducting arbitration proceedings requires continuous diligence. Immediate and complete transparency protects the integrity of the procedure and prevents disputes resolved in arbitration from being subsequently annulled, which would generate additional costs, delays, and instability for businesses.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • Tax Reform and the Aviation Sector: Measures Under Study

    Tax Reform and the Aviation Sector: Measures Under Study

    The transition to the new consumption tax system in Brazil brings specific challenges for various sectors of the economy. In the case of commercial aviation, the National Treasury Attorney General’s Office (PGFN) and the Ministry of Ports and Airports have initiated joint studies to structure measures that mitigate the potential impacts of the tax reform on airline operations.

    The Impact of the New Tax System

    The tax reform consolidates several current taxes into a dual Value-Added Tax (VAT) model. Although the central goal is simplification and transparency, the change in the calculation base and reference rates may alter the cost dynamics of complex services, such as air transport. To avoid economic imbalances, the government is evaluating adjustments on three main fronts.

    1. Rate Reduction

    The first point under analysis by the authorities is the possibility of a rate reduction for the sector. In the VAT model, applying a single standard rate could represent an increase in the operating costs of airlines, which currently operate under regimes with specific characteristics. Evaluating a reduced rate seeks to maintain the viability of passenger and cargo transport, which is essential for the country’s infrastructure and logistics.

    2. Rules for Claiming Credits

    The core of the new tax system is full non-cumulativity, a mechanism by which the tax paid at one stage of the production chain generates a credit to be deducted at the next stage. The PGFN and the Ministry are studying how claiming credits will work in practice for aviation. Airlines have unique cost structures, involving aircraft leasing, the purchase of aviation kerosene (QAV), and maintenance expenses. Structuring clear rules so that these inputs generate tax credits efficiently is fundamental to avoid cascading taxation.

    3. Taxation of International Flights

    Cross-border operations are also a focus of the discussions. In international trade and the provision of global services, the common practice is to exempt exports to ensure competitiveness. Government studies seek to define how the new VAT will be applied or mitigated on international routes, considering the treaties to which Brazil is a signatory and the need to keep companies operating in the country competitive on the global stage.

    Perspectives for the Sector

    The joint initiative of the PGFN and the Ministry of Ports and Airports demonstrates an institutional effort to adapt the new constitutional rules to the complex operational reality of aviation. For investors, founders, and executives in the logistics and aviation sector, monitoring these definitions is a strategic step, as the complementary laws will dictate the tax dynamics for the coming decades.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • China’s New Arbitration Law and the Role of the Judiciary

    China’s New Arbitration Law and the Role of the Judiciary

    Resolving commercial disputes in the international arena requires predictability, especially in cross-border investment and trade relations. Recently, the Chinese legal system underwent a relevant update with the approval of amendments to its Arbitration Law. For foreign investors and companies operating in the country, understanding the transition to this new legal framework is a fundamental step.

    In this scenario, the judiciary’s role is essential to ensure legal certainty during the legislative change. China’s Supreme People’s Court (SPC) has begun preparing the transition guidelines necessary for applying the new rules.

    The Role of the Supreme People’s Court in the Transition

    The Supreme People’s Court is the highest court in the country and is responsible for issuing judicial interpretations. These documents function as binding guidelines for the application of the law by lower courts. With the new arbitration legislation, the SPC faces the challenge of aligning daily judicial practice with the recently approved changes.

    To achieve this, the court will conduct a comprehensive review of existing judicial interpretations and normative documents dealing with arbitral proceedings. The main objective of this review is to ensure that the content of the new Arbitration Law is effectively implemented and understood uniformly throughout the country.

    Review of Guidelines and Procedures

    The transition process requires a thorough analysis of current rules. The court will need to determine which documents and guidelines remain valid, which require amendments, and which must be revoked due to incompatibility with the new law.

    The involvement of state courts is frequently required to support arbitral proceedings. Without a clear transition guide, the efficiency of these procedures could be compromised. The drafting of these guidelines by the SPC aims precisely to avoid interpretive gaps and ensure that judicial support for arbitration continues to operate stably.

    Practical Considerations for Investors

    For international companies with interests in China, monitoring this normative transition is strategic. Clarity in arbitration rules reduces risks when drafting commercial contracts and guarantees greater legal certainty in the event of disputes.

    The consolidation of the new legal framework will require attention to detail from companies and their legal advisors. Following the future publications and interpretations of the Supreme People’s Court will allow investors to adapt their dispute resolution clauses to the updated regulatory environment.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

  • STF forms a majority on cargo insurance by carriers

    STF forms a majority on cargo insurance by carriers

    The STF (Brazil’s Supreme Federal Court) has formed a majority of votes to determine that the obligation to purchase cargo insurance falls on the carrier. The decision has a direct impact on the transport and logistics sector in Brazil, redefining insurance responsibilities in the movement of goods.

    The context of the STF decision

    The formation of a majority in the STF indicates that most of the Court’s justices have already voted in favor of the thesis that the transport company, and not necessarily the owner of the goods, holds the primary responsibility for purchasing the insurance policy against transport risks. Cargo insurance is the legal and financial instrument that protects the value of transported goods against loss, damage, or theft during transit.

    Although the majority is already formed, the trial may still undergo developments before its formal conclusion and the publication of the appellate decision (the final written ruling).

    The position of the CNI

    Given the progress of the trial in the Supreme Court, the CNI (National Confederation of Industry) intervened in the process. The entity representing the industrial sector requested that the trial be postponed for 180 days.

    The CNI’s central argument for the suspension request is the existence of ongoing legislative proposals in the National Congress that address the same topic. The confederation argues that the debate within the Legislative Branch should be awaited, thus preventing a final judicial decision from conflicting with a potential new law on cargo transport insurance.

    Perspectives for the sector

    The definition of who must purchase the insurance affects cost structuring, freight pricing, and risk management in logistics operations. Companies operating in the supply chain, whether shippers or carriers, should monitor the conclusion of the STF trial and the progress of the bills in Congress to adapt their commercial practices and transport contracts to the new legal guidelines.

    This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.