Shipping price list is only legal if it serves as a reference

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SpaccaAmong the laws that modified the Law of Introduction to the Civil Code (Decree-Law nº 4,657/1942), two stand out: (i) Law 12,376/2010 which changed its nomenclature to the Law of Introduction to the Norms of Brazilian Law (LINDB) ; and (ii) Law 13,655/2018, which included “provisions on legal certainty and efficiency in the creation and application of public law”. The modifications made over the almost eight decades of its existence have not altered its nature as a lex legum , superright or superright. Although its norms are of the nature of ordinary law, they condition the publication and application of all Brazilian legal norms.

Existing provision in the Introduction Law, since its issuance in 1942, refers to the institute of repristination (“re” Latin prefix that gives the idea back to its original form; and pristinus , an adjective, also of identical origin, which means old, previous):

“Art. 2º Not intended for temporary B2B Lead validity, the law will be in force until another one modifies or revokes it.

§ 3 Unless otherwise provided, the repealed law is not restored because the repealing law has lost its validity”.

The word “law” in this provision is used in a broad sense, covering all types of legislation, including administrative legislation, such as, for example, resolution. There is no basis for excluding administrative legislation from this generic determination, as some would like. It is not up to the interpreter to differentiate where the law does not do so. All the more so because, if the legislator wishes to repristine, it is enough to make a simple mention.

Depending on the wording of the above provision, the general rule is that the repealed law will not be restored, due to the repeal of the law that had abolished it. There is an exception, however: it comes back into force, in the case of an express provision to that effect. Since the letter of the law is clear, it is not appropriate to use other hermeneutic methods. Interpretation ceases in clarity .

The Executive's strategy to end the truck drivers' strike also included, and wrongly, the institution of a policy of mandatory minimum prices for road freight transport, throughout the national territory, materialized in Provisional Measure 832, of May 27, 2018. In obedience to this MP, the National Land Transport Agency (ANTT) published resolution 5,820/2018, which came into force, in the form of its article 4, on the day of its publication, on May 30, 2018, establishing a binding table with minimum prices relative to the kilometer traveled when carrying out freight.



This resolution brought two annexes; consisting of the first, more general placements; of the second, the minimum price tables. Due to strong criticism from sectors of the economy, in the sense that the table had increased the current freight price, ANTT issued resolution 5,821/2018, one week after the previous one, which reduced the aforementioned prices; and whose article 1 amended resolution 5,820, replacing its annexes I and II. Annex I continued to reproduce generalities, while Annex II brought a much more elaborate table than that contained in the previous resolution. Furthermore, in article 2, he added to resolution 5,820, articles 2º-A, 2ºB, 3ºA and 3ºB. It is known that the annexes brought by legal diplomas, including resolutions, are of great importance, as they often represent the very fulcrum and raison d'être of said diplomas. Resolution 5,821 was, immediately , revoked by resolution 5,822/2018, dated June 8, and in force since its publication on June 11, 2018