Bernardi Ricardo

Sao Paulo (Brazil)

Expert in Aviation and Business Law, LL.M., advocate

Education: 

Graduation – Bachelor’s law degree from Pontifícia Universidade Católica – PUC, São Paulo/SP.

Post-Graduation – Pontifícia Universidade Católica – PUC, São Paulo/SP.

teaching activity: 

From 1994 to 2001 – Assistant Professor in the Business Law Specialization Course at the Pontifícia Universidade Católica – PUC / COGEAE, São Paulo, SP.

From 1995 to 2006 – Professor of Commercial Law at the Complexo Jurídico Damásio de Jesus (law university), São Paulo, SP.

In 2000 and 2001 – Professor of Commercial Law on the Business Law Specialization Course, organized by Pontifícia Universidade Católica – PUC / COGEAE, in partnership with the Regional Stock Exchange of Fortaleza, CE.

From 2002 to present – Professor of Aeronautic Law at the Brazilian Association of Aeronautic and Aerospace Law (SBDA), Rio de Janeiro, RJ.

OTHER ACTIVITIES: 

Founding partner of the law firm Bernardi & Schnapp Advogados, specialized in Aviation and Business Law, headquartered in São Paulo, SP and with regional offices in Rio de Janeiro, Goiania and Curitiba.

Over the last 25 years, he has been representing major airlines operating in Brazil as well as aircraft manufacturing companies, aircaft finance companies, insurance companies and airport operators in various legal matters.

He has been involved in relevant legal matters which affected the Brazilian aviation industry over the last decade, to wit:

i) Assistance to several foreign airlines to obtain approvals for operations in Brazil as regular airlines and charter flights.
ii) Assistance in M&A transactions involving airlines, with effects in the Brazilian territory as well as drafting of code-share, interline and blocked space agreements, including regulatory approvals.
iii) Representation of aircraft operators in several accident cases, including the mid air collision which took place on September 29, 2006 involving the airline GOL and the jet operator Excelaire.
iv) Representation of airlines in multiple passenger cases and cargo cases over the last 24 years.
v) Lease and financing of more than one hundred aircrafts for the general aviation market.
vi) Representation of airport operators in privatization of airports in Brazil, and concession of airport services: VCP and COFINS airports.
vii) Representation of airlines in environmental suits, especially the suit filed by the Sao Paulo District Attorneys´ office against airlines that operate at GRU.
viii) Representation of airlines in competition cases, including the procedures instituted to investigate cartel practice associated with fuel surcharges in Brazil.
ix) Representation of airlines in multiple tax cases and proceedings involving Customs penalties where penalties have been assessed for loss of shipments or related matters.
x) General consultation on various regulatory matters, including Customs legislation and Rules issued by the Brazilian Civil Aviation Agency (ANAC).
xi) He was appointed by the Brazilian Senate as one of the members of the special commission instituted by the Congress to draft a new piece of legislation on aeronautic law: the Brazilian Aeronautic Code. He also actively participates on debates about regulations issued or to be issued by the Civil Aviation Agency.

Named as a reference Aviation Law Lawyer by the main international publications, to wit:

i) Chambers & Partners.
ii) Legal 500 Latin America.
iii) Experts Guide.
iv) Who´s Who Legal.

He is a member of the Consulting Council at Brazilian Association of Aeronautic and Aerospace Law.

He is a member of the Turnaround Management Association do Brasil (TMA).

He is a member of the International Association of Defense Counsel (IADC).

Publications: 
Bernardi Ricardo (co-author). Regulation of Economy in Brazil - “The Aeronautic Regulation: Regular Air Transportation”, published by Ed. Edicamp, 2003.
Bernardi Ricardo (co-author). “Comments to the Brazilian Bankruptcy law”, Published by Ed. Revista dos Tribunais, 2nd edition – 2007.
Bernardi Ricardo (co-author). “Infrastructure in Environmental Law - Airports”, chapter “Airport Infrastructure in the context of Environmental Law”, Published by Ed. Revista dos Tribunais. 1st edition, 2016.
Bernardi Ricardo. “Brazil chapter”, in The Aviation Law Review (Publication of Law Business Research Ltd., London) , 2013, 2014 e 2015.
Bernardi Ricardo. “Code share agreements”, Published by Revista de Direito Aeronáutico e Espacial” (Publication of Aeronautic and Aerospace Law), number 94, September 2012.
Bernardi Ricardo. “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.
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