Injunction suspends search and seizure at Heineken factories in Pernambuco

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Judge José Fernandes de Lemos, from the Court of Justice of Pernambuco, granted an injunction, this Friday (17/8), to prevent the search and seizure of products in Heineken brewery factories in any unit in the country.


The magistrate accepted the appeal from Brasil Kirin, owner of Heineken, one day after another  injunction from the 6th Chamber in favor of Grupo Mediterrânea – responsible for supplying the brewery's goods. The judge had ordered the use of police force and authorized the break-in of the premises if necessary.

In the writ of mandamus, Heineken B2B Lead argued that the decision was “teratological”, as it established an unenforceable measure given the lack of proof of non-compliance with supply orders. Furthermore, he said that the judge of the 6th Chamber did not examine any of the appeals filed previously.

Trade war
The case deals with a dispute that began in 2015, when the distributor Mediterrânea, purchased by Brasil Kirin, filed for judicial recovery to renegotiate debts of approximately R$100 million.

The request was granted by the 4th Civil Court of the District of Olinda and, as a result, the distributor obtained some injunctions to ensure the supply of goods that would be resold by the companies that make up the Mediterrânea Group. In one of the decisions, Heineken was obliged to maintain all existing beverage distribution contracts in force.

In another injunction, a price list was fixed which, according to Heinkeken, ensured an “absurd” profit margin by determining that a 473 ml can of beer should be sold at Mediterrânea for R$0.07.



According to the brewery, the injunctions granted in favor of Mediterrânea increase the danger of closing some factories in the state because they caused losses of R$90 million.

Heineken was represented by lawyers Arthur Ribeiro Vinau and Marcio Roberto Rigotti Quartarolli , deputy and legal director of the group, respectively; Carlos Harten and Leonardo Cocentino , partners at Queiroz Cavalcanti Advocacia; Thiago Norãos , partner at Norões Azevedo Advogados; Marco Vanin Gasparetti , Manuela Capp Ribeiro and Thiago Luís Carballo Elias , partners at Mundie Advogados, and Felipe Brandão and Rafael Pimenta , partners at Galdino & Coelho Advogados.