Souto Correa secures injunction against Brazilian lorry strike

Guilherme Rizzo Amaral, Diogo Squeff Fries, Rômulo Mariani, Otávio Domit, Raphael Jadão and Matheus Senna
Latin Lawyer
30/05/2018

Souto Correa Advogados has helped the Santos container terminal in São Paulo state obtain an injunction to prevent protestors from blocking access to the port as major protests over rising fuel prices enter their 10th day.
Judge Fábio Sznifer from Santos’ tenth civil court granted the injunction last Thursday. It was served to representatives of Brazil’s main lorry drivers’ union the following day.
Port operator Santos Brasil hired Souto Correa to file the preliminary “urgency-based” injunction against the strikers. The firm argued the protestors were abusing their constitutional right to demonstrate by preventing three diesel lorries from arriving at the port. Without the lorries delivering their cargo, the Santos container terminal would run out of fuel and be forced to suspend operations.
Judge Sznifer recognised Santos Brasil’s petition and ordered the defendants to cease their blockade of any public roads leading to the port terminal. Trade unions that fail to comply with the injunction may be fined 50,000 reais (US$13,400). Individuals involved in the blockade may also pay a penalty of 10,000 reais (US$2,700). Judge Sznifer authorised local police to note down licence plates of any vehicles found obstructing the route.
Despite the injunction, local media reports the protest outside of the port are ongoing. According to Globo, protestors continued to block access to the port along with many other locations across Brazil yesterday. Santos Brasil says these blockades have prevented cargo worth 370 million reais (US$100 million) from leaving the port.
The protestors are angry about rising diesel fuel prices, which have increased from 3.36 reais (US$0.90) per litre in January to 3.8 reais (US$1.02) last week. The Temer administration recently agreed to cut the price by 46 Brazilian cents (US$0.12) for 60 days in response to the strikes, but many workers remain on the streets despite top union bosses agreeing with the deal. President Michel Temer has threatened to use the army to disperse the strikers if the unrest continues. Security forces are already escorting fuel tankers in several states. Many protestors are calling for Temer’s resignation.

Counsel to Santos Brasil
In-house counsel – Gabriel Jacques de Moura

Souto Correa Advogados
Partner Guilherme Rizzo Amaral and associates Diogo Squeff Fries, Rômulo Mariani, Otávio Domit, Raphael Jadão and Matheus Senna