Contrato de Agregado Transporte Template for Brasil

O Contrato de Agregado Transporte é um instrumento jurídico fundamental para formalizar a parceria entre empresas transportadoras e transportadores autônomos no Brasil. Este documento regula a prestação de serviços de transporte rodoviário de cargas, estabelecendo uma relação comercial específica que permite ao transportador autônomo prestar serviços de forma contínua e exclusiva para a contratante, sem configurar vínculo empregatício.

When do you need this document?

You need this contract when establishing a formal partnership with an independent truck driver or transport operator for ongoing cargo transportation services. This agreement is essential when you operate a transport company and want to expand your fleet capacity through autonomous drivers who will work exclusively for your business. The contract is also required when you're an independent truck driver seeking to formalize your relationship with a transportation company, ensuring legal protection and clear operational guidelines. Additionally, this document becomes necessary when compliance with ANTT regulations requires formal documentation of your transport partnerships, or when you need to demonstrate the legal nature of your business relationship to regulatory authorities.

Key legal considerations

The most critical aspect of this contract is ensuring it doesn't create an employment relationship, which requires careful drafting of clauses that emphasize the autonomous nature of the service provider. You must clearly define payment structures, typically based on completed trips or cargo volume rather than fixed salaries, and specify that the autonomous driver maintains independence in managing their work schedule and methods. Insurance responsibilities need explicit definition, including who covers vehicle insurance, cargo insurance, and liability coverage for accidents or damages. The contract should address fuel costs, vehicle maintenance responsibilities, and operational expense allocation. Territory restrictions, if any, must be clearly outlined, along with exclusivity clauses that define the scope of the autonomous driver's commitment to your company.

Legal requirements in Brasil

Under Brazilian law, this contract must comply with Lei 11.442/2007, which regulates road cargo transportation and establishes specific norms for hiring autonomous aggregate drivers. The contract must include proper identification of both parties, with complete registration data including CNPJ for companies and CPF for individuals. Both parties must be registered with ANTT (National Land Transportation Agency) and possess valid RNTRC (National Registry of Road Cargo Transporters) registration. The autonomous driver must hold appropriate professional driver licenses and certifications required by Lei 13.103/2015. Documentation must comply with the Electronic Transport Document (DT-e) requirements established by Lei 14.206/2021. The contract should reference applicable provisions of the Civil Code (Lei 10.406/2002) regarding contractual obligations and civil responsibilities, ensuring all terms align with federal transportation regulations and local jurisdiction requirements.