THE (IM)POSSIBILITY OF WITHHOLDING THE MERCHANDISE BY THE ROAD CARGO CARRIER, IN CASE OF DEFAULT OF THE FREIGHT VALUE, PURSUANT TO DECREE NO. 19.473 OF DECEMBER 10, 1930

Abstract

The purpose of this paper is to analyze the existence or inexistence of legal support for the road freight carrier to retain in its possession the transported goods, in the event of default of the arbitrated value as a freight, until it becomes paid by the contractor/shipper. For this, the research is using the deductive approach and the research sources will be the bibliographic and documentary. The research will examine the abrogation or validity of the Decree No 19.473, of 10 December 1930, which, through art. 2, allows the retention of goods in such cases, focusing on the doctrinal and jurisprudential position on the subject. The main point of debate in this article results from the debate on the extension of Decree NN of April 25, 1991, which would have included Decree No 19.473 in the list of abrogated rules, which would make it impossible to use it to legally justify the retention of cargo by the carrier. As a result of the research, it was found that the Decree of 1930 was approved by the current Federal Constitution of 1988 with the status of an ordinary law, therefore, its revocation would be conditioned to the regulation of a new law, from the establishment of a constitutional legislative process, as established by the Law of Introduction to the norms of Brazilian Law;