Brazilian Association of Distribution Companies v. Brazilian Post

Fundamental Precept Noncompliance Claim No. 46 (2009)

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Brazilian Association of Distribution Companies v. Brazilian Post

Brazil Supreme Federal Court
Fundamental Precept Noncompliance Claim No. 46 (2009)

Facts

The Brazilian Post Office (defendant) maintained an exclusive privilege over the provision of postal services and over the national airmail under Article 21 of the Constitution of Brazil. Statute No. 509 of March 10, 1969 established the Brazilian Post Office as a state-owned enterprise, specifically an entity of the Indirect Administration of the Union. The Brazilian Association of Distribution Companies (plaintiff) brought a claim of breach of fundamental precept before the Brazil Supreme Federal Court challenging the Post Office’s exclusive privilege. The Brazilian Association of Distribution Companies asserted that distribution companies already moved materials and distributed newspapers, journals, and small packages, though it noted that these companies never distributed letters. The Brazilian Association of Distribution Companies argued that the Post Office lacked the exclusive right to distribute these materials distributed by the distribution companies.

Rule of Law

Issue

Holding and Reasoning (Eros Grau, J.)

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