BRAZIL Law and Practice Contributed by: Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso and Lucas Leite Marques, Kincaid | Mendes Vianna Advogados
the country in which the document is signed is a signatory of the Apostille Convention). In the case of urgency measures, such as an arrest, the Civil Procedural Code grants the party 15 days to present the POA to the case records after the filing of the claim. This deadline can be extended for an additional 15 days. All foreign documents that are relevant to the claim must be translated into Portuguese by a sworn translator. If it is not possible to translate them before the filing of the arrest application, it is possible to request the judge to grant an extension for the presentation of these docu - ments. However, it is recommendable for all documents to be presented upon the filing, as there is a risk of the judge understanding that said documents were necessary for the analysis of the arrest request, thereby delaying the deci - sion of the arrest. In states where the courts have electronic pro - ceedings, scanned copies of the documents may be sufficient. Finally, it should be highlighted that Brazil is a signatory to the Apostille Convention, which helps to avoid the time and costs associated with legalisation and singularisation procedures. 4.6 Arresting Bunkers and Freight The arrest of bunkers is not a common practice within the Brazilian jurisdiction and there is no specific legislation providing for this possibility. However, it would be possible to request the arrest of bunkers based on the general rules set forth in the Civil Procedural Code. The general rules provide that a party may request an arrest of assets or security in general if that party is able to demonstrate both the liquidity of its cred - its and that there is a risk that the debtor and its assets may disappear in the near future.
It should be noted that the arrest of bunkers may involve logistic difficulties for the arresting party, as the claimant will be obliged to nominate a fiduciary agent to be responsible for the bun - ker and arrange a licensed facility to receive the bunker when it is eventually arrested. 4.7 Sister-Ship Arrest Brazil is not a party to the arrest conventions, and the Brazilian legal system does not pro - vide a specific regulation regarding the arrest of sister ships. If the claim is based on privileged creditors with effects in rem on the vessel, the claimant would be unlikely to obtain the arrest of another vessel of the debtor’s fleet. However, if the arrest is in personam, in principle it may be possible to file a precautionary lawsuit against the ship-owner to arrest a sister ship and request security. 4.8 Other Ways of Obtaining Attachment Orders The Civil Procedural Code establishes other forms of measures and injunctions that may be sought to obtain security and/or the compliance with a judicial order, the most common of which are the attachment of values and the seizure and constraint of assets, either liquid or illiquid. 4.9 Releasing an Arrested Vessel In order to release an arrested ship, the ship- owner will have to request the release at the court, convincing the court to review the arrest decision; or provide a guarantee to replace the arrested vessel, plus the legal and attorneys’ fees. The most common type of guarantee is a judicial deposit or a letter of credit issued by a first-line bank headquartered in Brazil.
83
CHAMBERS.COM
Powered by FlippingBook