The National Agency of Petroleum, Natural Gas and Biofuels recently published Public Hearing and Public Consultation Notice 13/2018. The notice divulges a new draft resolution to control foreign trade activities relating to biofuels, petroleum and its by-products and natural gas by-products. The draft resolution also revamps the previous consent procedure for requests to import and export these products in view of the new resolution and provides for subsidies.
Since 2017 Brazil has been developing an environmental public policy which supports a reduction in greenhouse gas emissions. For this purpose, the Ministry of Mines and Energy instituted the RenovaBio programme, a federal and state programme which seeks to identify and review all types of biofuel in the Brazilian energy sector based on certain criteria. Further, the National Council for Energy Policy is expected to implement a 10-year plan to ensure an 8.6% reduction in the petroleum market.
The National Waterway Transportation Agency recently published Notice of Public Hearing 4/2021, soliciting feedback on a draft resolution which aims to standardise how container terminals provide basic services and establish guidelines for the provision of supplementary services. The draft resolution will apply to port facilities that handle or store containerised cargo through a lease or other authorisation, including back-up port areas within ports.
In October 2020 the Second Panel of the Superior Court of Justice issued a unanimous decision, on repetitive appeal, establishing that a claim to collect amounts relating to expenses for demurrage previously established in a maritime transport contract (unimodal) is limited to five years by the statute of limitations. This decision ratifies the court's prevailing position on the matter.
The São Paulo Court of Appeals recently issued a ruling in a redress lawsuit filed by an insurer against an ocean carrier, confirming the lack of proof of subrogation and disregarding the cargo survey carried out unilaterally by the insurer's surveyor. The case concerned cargo damage which had allegedly occurred during ocean carriage from Shanghai to Santos.