Mr Ricardo Bernardi > Bernardi & Schnapp Advogados > São Paulo, Brazil > Lawyer Profile
Bernardi & Schnapp Advogados Offices
RUA BELA CINTRA, 1149–°11. e 12°. ANDARES
01415-001 SÃO PAULO
Brazil
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Mr Ricardo Bernardi
Work Department
Aviation law
Position
Founding partner
Career
Ricardo is one of the founding partners of Bernardi & Schnapp Advogados. He holds an LLB degree from Pontifícia Universidade Católica – PUC/SP and post -graduation degree from the same University.
Over the last 31 years dedicated to the aviation sector, Ricardo has been advising and representing airlines, aircraft manufacturing companies, insurance companies and finance companies, especially regarding contract law, business law, customs law, regulatory law, civil liability, tort law and consumer law. He also has been active in litigation.
In his career, Ricardo had the opportunity of becoming involved with the most relevant legal matters related to the aviation industry. His experience covers: i) advising several airlines for obtaining authorizations to operate in the country, flight permits and to implement code-share and other forms of agreements; ii) participation in public bids and concession processes for airport operators; iii) advising in relation to the validity and interpretation of international agreements about aviation services; iv) advising on financing contracts and international leases of aircrafts; v) advising and representation in administrative procedures and lawsuits involving customs, vi) representation of airlines in commercial and civil liability litigations as well as class actions.
In the litigation area, Ricardo has represented airlines, insurance companies, financial and credit institutions in the most different kinds of cases, including indemnification actions for loss or damage of cargo, environmental cases, class actions, torts and civil liability actions. He has been actively representing airlines on consumer related cases, not only in litigation but also working on strategies to handle massive volume of cases. Ricardo and his team participated in the appeal process in the litigation involving Air Canada that resulted in the Binding Precedent number 210 from the Brazilian Supreme Court – which upheld the Warsaw Convention and the Montreal Convention of 1999 as the applicable law, superseding the Consumer Code on certain passenger claims and cargo cases. He has also worked on several cases involving aviation accidents, including the major cases of Brazil’s history.
Given his experience, Ricardo was appointed as a member of the commission created by the Brazilian Senate in 2015 to draft a proposed bill to become the new Aeronautical Code and has been assisting IATA (International Air Transport Association) and ABEAR (Brazilian Association of Air Transport) since 2018 on efforts to control excessive judicialization in Brazil.
He was awarded with the Who´s Who Thought Leaders Global Elite nomination – Aviation-Contentious. He has also been listed as a distinguished aviation lawyer by Chambers & Partners, Legal 500 Latin America and Experts Guides.
Ricardo is a co-founder and Vice President of the Brazilian Institute of Aeronautics Study (IBAER), a member of the consulting council of the Brazilian Association of Aeronautic and Aerospace Law (SBDA) and member of International Association of Defense Counsel (IADC).
List of publications:
“Liability on air carriage: jurisprudence on the matter” – published at JOTA Journal in June 22.
https://www.jota.info/autor/ricardo-bernardi
Mandatory baggage allowance – backlash on modernization of regulations in Brazil – published at “O Tempo” Journal in May 2022. https://www.otempo.com.br/opiniao/artigos/cobranca-pelo-transporte-de-bagagem-nos-avioes-1.2666821
Co-author of the book: “Impacts of the pandemic on Brazilian Aviation”, chapter: Legal Uncertainly and its Effects on Airline Services. Published by Editora Almedina, 2022.
Indemnifications in the airline sector as a “legal commodity” – published at Journal “O Estado de Sao Paulo” in June 2021
https://politica.estadao.com.br/blogs/fausto-macedo/indenizacao-no-transporte-aereo-como-commodity-juridica/
Judicialization in the air carriage as a factor which hinders development of the sector – published at JOTA Journal inn September 2019.
https://www.jota.info/opiniao-e-analise/artigos/judicializacao-do-transporte-aereo-como-fator-inibitorio-do-desenvolvimentodo-setor-12092019
Coordinated journal on Aviation Law published by the Sao Paulo Lawyers Association in June of 2019, having contributed with the article named “The Montreal Convention of 1999, Tema 210 and its “ratio decidendi”.
“Air Carrier Liability in International Carriage according to Brazilian Courts” – article published by invitation of Experts Guide.
Contributed to Brazil chapter for Lexology Navigator – Aviation.
Co-author of the book: “Infrastructure in Environmental Law – Airports”, chapter “Airport Infrastructure in the context of Environmental Law”, Published by Ed. Revista dos Tribunais. 1st edition, 2016.
“Brazil chapter”, in The Aviation Law Review (Publication of Law Business Research Ltd., London), 2013, 2014 and 2015.
“Code share agreements”, Published by Revista de Direito Aeronáutico e Espacial” (Publication of Aeronautic and Aerospace Law), number 94, September 2012.
“The “Dry lease” and “Wet lease Contracts”, Published by: “Revista de Direito Aeronáutico e Espacial” (Publication of Aeronautic and Aerospace Law), number 87, February, 2004.
Co-author of the book: “Comments to the Brazilian Bankruptcy law”, Published by Ed. Revista dos Tribunais, 2nd edition– 2007.
Co-author of the book: Regulation of Economy in Brazil – “The Aeronautic Regulation: Regular Air Transportation”, published by Ed. Edicamp, 2003.
Languages
Portuguese, Enghish and Spanish.
Memberships
119.576
Education
Post-Graduation: LL.M. from Pontifícia Universidade Católica – PUC, São Paulo/SP.
Graduation: Bachelor’s law degree from Pontifícia Universidade Católica – PUC, São Paulo/SP.
Lawyer Rankings
Brazil > Transport: Aviation
Bernardi & Schnapp Advogados is a popular choice for international clients, including major airlines, insurers, airport operators and entities dedicated to the financing and manufacturing of aircraft, engaged in litigation and non-contentious aviation mandates. The group brings together considerable expertise in contractual and regulatory issues, and is also well positioned to handle complex judicial and administrative proceedings, tax and labour law matters in this space. With a wealth of experience in corporate, regulatory and contractual issues pertaining to the aviation sector, Ricardo Bernardi is the main point of contact within the team. Carla Cristina Schnapp is also noted for her strong aviation-related insurance, labour and dispute resolution capabilities.