Brazil:
Liminal Suspend Fines Application And Indemnities By The Non-Compliance Of The Minimum Freight Table
13 December 2018
Koury Lopes Advogados
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On this Thursday (6), Minister Luiz Fux, in within the Direct
Unconstitutionality Action 5956, granted an injunction , valid
until the exam of the merit of the Action, suspending the any
administrative, enforcement and punitive measures by ANTT, set
forth in Article 5º, §6º, of Law No. 13,703/2018
(which established the Minimum Wage of Freight Transport National
Policy) and, as a result, the effects of ANTT Resolution No.
5,833/2018, that establishes the fines applicable due to the
inobservance of the Minimum Freight Table.
The indemnifications owed by the carriers (2 times the amount
paid and the amount that should been paid considering the Minimum
Wage of Freight Transport National Policy), are also suspended.
The injunction was granted based on the principle of legal
certainty, aiming to avoid the economic impacts that has already
been reported in the activities related to the sector.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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