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The 3rd Panel of the Superior Court of Justice (STJ), in a unanimous decision reported by Justice Nancy Andrighi, held that a one-year limitation period applies to claims arising from maritime transportation, including when the action is brought by a subrogated insurer.

In the case under review, the insurer sought reimbursement for damage to equipment sustained during its lifting for repositioning on board the vessel. The company argued that the matter involved non-contractual liability and was therefore subject to the three-year limitation period provided for in the Brazilian Civil Code.

The STJ rejected this argument. According to the Court, subrogation places the insurer in the same legal position as the insured, including with respect to the limitations and time periods applicable to the original legal relationship.

In practice, disputes involving damage, loss, shortage, or other cargo-related damages connected to maritime transportation must comply with the one-year limitation period, whether the claims are brought by importers, exporters, or subrogated insurers.

The ruling applies to the various parties involved in the supply chain, including customs facilities, port operators, shipowners, carriers, consignees, importers, exporters, and insurers.

References: Decree-Law No. 116/1967, Article 8; Brazilian Civil Code, Article 206, § 3, V; STF Precedent No. 151; STJ, Special Appeal No. 2.231.637/RJ.