Bernardi & Schnapp Advogados > São Paulo, Brazil > Firm Profile

Bernardi & Schnapp Advogados > Firm Profile

Bernardi & Schnapp is highly specialized in Aviation. For 31 (thirty-one) years the firm has been providing legal services for the major airlines operating in Brazil, as well as aviation insurance companies and aircraft manufacturing companies.

Our experience has allowed us to develop specific knowledge across all fields of law to address the needs of clients from the aviation sector in their respective activities, anticipating problems, reacting quickly to our client’s needs and providing efficient advice and assistance on Brazilian legal issues.

Given our involvement on the aviation area, we have been advising international and local industry associations – IATA and ABEAR – on many projects to improve the economic and regulatory environment to the benefit of the industry and our airline clients.

The firm has been repeatedly ranked in Band 1 on Chamber and Partners reviews as a top firm practicing in the aviation sector, as follows:

“Bernardi & Schnapp Advogados maintains a top position in the rankings due to an impressive track record in the full spectrum of aviation matters and its high regard within the aviation market. The São Paulo-based firm demonstrates unrivalled capabilities assisting major companies in the aeronautical industry with regulatory, financing and contractual matters. It also boasts outstanding expertise representing clients in judicial disputes, from accidents to airline passenger complaints”.

Likewise, we have been ranked on Legal 500, Expert Guides and WWL-Thought Leaders reviews

AREAS OF PRACTICE

LITIGATION

• Handling lawsuits filed against air carriers concerning baggage loss/delays, flight delays as well as miscellaneous claims, cargo loss, damage, or delay – we represent air carriers and carrier´s insurers in all instances within Brazilian Courts, including the Supreme Court and the Superior Court of Justice;

• We have represented airline clients in more than 100,000 lawsuits. On suits filed by passengers, we developed specific strategies to help our airline clients to reach quick solutions, gaining efficiency in handling cases and saving costs;

• We have successfully obtained a favorable binding ruling from the Supreme Court applying the two-year statute of limitation established in the Montreal Convention, which overruled the five-year rule set forth in the Brazilian Consumer Code;

• Representation in judicial procedures for release of cargo seized by Customs authorities;

• Representation of airline clients is class actions filed by the Public Prosecut´s Office on consumer and environmental matters;

• Representation of airline clients in commercial litigation in general, including lawsuits filed by GSAs, travel agencies, among others; and

• Representation of industry associations IATA and ABEAR before the National Council of Justice in projects aiming at reducing litigation in Brazil.

REGULATORY

• Support before governmental agencies which play a significant role in the aeronautic sector, namely the Civil Aviation Agency (ANAC), Antitrust Authorities (CADE), the Health Surveillance Agency (ANVISA), Customs Authorities and the Federal Police;

• Assistance with obtaining permits and authorizations for operations in Brazil, requesting flight authorizations, filing of flight schedules, preparation of operational specifications applications, emergency response plans, approvals for code-shares and other kinds of agreements – we have obtained authorization for operation of six major foreign airlines, including the first merger between two foreign carriers with operations in Brazil, as well as approvals for more than 20 (twenty) code-shares;

• Consultancy about aeronautic regulations, such as the recently enacted General Conditions of Carriage (Resolution 400);

• Preparation of defenses against penalties assessed by government agencies, including ANAC;

• Follow up on aircraft accident and incident investigations;

• Consultancy on interpretation of bilateral or multilateral agreements on air transportation and legal advice on bilateral consultations.

CUSTOMS REGULATIONS

• Assistance with import approvals and authorizations for operation of bonded facilities and Customs special regimens, as well as consultancy on general customs legislation;

• Representation in administrative procedures against penalties and taxes/duties assessed as a result of cargo loss, cargo not included in flight manifests, and lack of registration of arrival of aircraft or cargo;

• Disputes in Court against Customs to challenge import taxes & duties as well as penalty assessments issued against air carriers;

• Consultation on Customs regulations, such as transfer of cargoes at Brazilian airports between flights operating in fifth freedom, bonded transit, assistance with investigations initiated by Customs on cargo loss among other various matters;

• Support with import and export of aircrafts;

• Representation in favor of airlines for disputing confiscation of un-manifested shipments.

BUSINESS LAW

• Assistance with the preparation, review, and negotiation of various kinds of commercial contracts related to the aviation business: storage, distribution, commercial agency, Customs brokerage, General Sales Agency, corporate ticket sales, financing, lease, mortgages and warranties in general, transfer of technology, license of trademarks, concession of areas, rentals and airport areas leases, ground transportation, handling services, cost-sharing, and code shares, among others;

• Incorporation procedures and preparation of general corporate documents;
• Consultancy and assistance with foreign investments, routine corporate documentation, and rights and obligations of stakeholders;

• Support with opening of airlines’ branches with Brazilian local authorities and registration with Commercial Registry offices, Customs, and IRS authorities;

• Assistance with drafting corporate documentation for establishing branches/subsidiaries of foreign air carriers in Brazil and appointment or replacement of legal representatives; and

• Consultancy involving corporate-related matters regarding acquisition of equity in Brazilian airlines.

LABOR LAW

• Consultancy on general labor legislation, such as extra hours, perilous work, dismissal, and vacation requirements;

• Drafting of employment agreements and termination notices;

• Support with pre-litigation and judicial procedures;

• Representation before Airline Workers Unions and support with the preparation and closing of collective agreements and conventions;

• Analysis of labor routines and development of guides and preventive studies to reduce labor exposure;

Representation before Public Labor Attorney’s Office;

• Assistance with procedures before Brazilian immigration for obtaining work Visas; and

• We have been representing air carriers in various suits filed by outsourced staff employed with handling services company vendors as well as class actions contesting outsourcing of employees.

Lawyer Profiles

Photo	Name	Position	Profile
	Mr Lucas Augusto	Partner	View Profile
	Mr Ricardo Bernardi	Founding partner	View Profile
	Ms Carla Schnapp	Founding partner	View Profile
	Ms Érica kawahala	Partner	View Profile