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Under Brazilian Law, a sea carrier may be exempted from liability for cargo loss or damage if an inherent vice, a fortuitous case or force majeure (Act of God) is established.
Unlike other jurisdictions where a note of sea protest tendered by the vessel’s command due to heavy weather or any other atypical occurrence produces legal effects simply by registering the document in a public notary’s office, in Brazil the carrier can only invoke the occurrence of fortuity/force majeure as a valid exclusion of liability if the sea protest is ratified by the competent judicial authority.
In this circular, we provide a brief explanation of the legal statutes governing the matter, the material and procedural requirements and our recommendations.
