Superior Tribunal de Justiça rules on subcontractor liability for cargo damage

The Superior Tribunal de Justiça (STJ) has ruled that subcontracted road transporters bear objective liability for cargo damages. This decision, made by the Third Panel in REsp 2.236.189/PR, clarifies that a subcontracted carrier is directly responsible to the primary carrier that hired them for any losses, thefts, or damages occurring during service execution.

The ruling establishes that subcontracting creates a distinct contractual relationship. While the original contract remains between the cargo owner and the primary carrier, the subcontracting agreement creates a new obligation where the subcontractor must ensure proper delivery. Consequently, if goods are damaged while under the subcontractor's care, they can be held liable to the contracting transport company.