ACR FLC FERRIES ACFT WHICH SHOULD HAVE HAD COMPANY TEST PLTS FLYING.

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WE ARRIVED AT SJU FOR A FLT TO BNA. THE ACFT HAD SPENT THE NIGHT THUS OUR ORIGINATING PREFLT; THOROUGH PREFLT; WAS DONE. THE ENGINEER FOUND THE BRAKES TO BE LEAKING INTERNALLY BEYOND LIMITS WHEN THE HYD PUMPS WERE TURNED OFF. MAINT WORKED ON THE ACFT ALL DAY. DID NOT SOLVE THE PROBLEM. WE; THE COCKPIT CREW; WENT TO HOTEL AFTER 12 HRS AT ARPT ON DUTY. FLT ATTENDANTS WERE RELEASED. DISPATCH WANTED US WITH THE ACFT TO FERRY IT TO MIA WHEN IT WAS FIXED. ON THE NEXT DAY WE WENT TO THE ARPT AND WERE TOLD WE WOULD FERRY THE ACFT BUT THE PROBLEM HAD NOT BEEN FIXED. THEY WERE OUT OF PARTS AND IDEAS. WE WENT ON OUR WAY MAKING SURE WE HAD THE PROPER LOGBOOK ENTRIES AND RELEASE FROM MAINT. ENRTE THE CAPT GOT TO WONDERING IF WE WERE LEGAL. MAYBE A TEST PLT CREW SHOULD BE FLYING IT. HE LOOKED IN OUR COMPANY MANUAL AND HE WAS RIGHT. ONLY UNDER PROVISIONS OF OUR MEL COULD WE; A LINE CREW; FERRY THE ACFT. BRAKES WERE REQUIRED BY THE MEL SO WE WERE ILLEGAL. FROM A SAFETY STANDPOINT WE ALL FELT OK BUT THE BOOK SAID NO. DISPATCH; MAINT OR ANYONE ELSE NEVER BROUGHT THE LIMITATIONS UP.