Policiamento naval: a atribuição da marinha do Brasil contra crimes no mar

Abstract

The Complementary Law 136 enacted in 2010 authorized the Brazilian Navy to prevent and suppress crimes at sea. Until then, the Navy only had the duty to combat crimes when there was a request by a federal agency or in flagrante delicto crimes while conducting naval patrol. As the employment of the Armed Forces at internal security is considered controversial, we analyzed if could the Complementary Law 97/1999, as emended, vested the Armed Forces any attribution typically done by police, even in a permanent time during a period of institutional normality, to contribute to the internal security of the country. So, we try to identify the prerogatives and legal restrictions relating to this attribution, resulting from domestic and international standards, particularly the United Nations Convention on the Law of the Sea. We analyzed the interests in the provision of maritime security, the State authority to exercise policing at sea, the vulnerability of coastal security, the legitimacy of the military purpose in domestic security and the development of the naval patrol activity. As research methodology, we have consulted the relevant legislation and research the institutional position in official documents and web sites, as well as carry out consultations with specialists and we have sent questionnaires to the Naval Districts with maritime jurisdiction. The main result found is the legitimacy of the employment of the armed Forces in internal security of Brazil, even during institutional normality. Border regions have a common interest in the defence and national security purposes. For this reason, we believe that it is constitutional to employ of the armed forces in places where the unavailability, the absence and insufficiency of public security instruments are inherent, mainly because of the operational difficulties of permanence and logistics. We concluded there is a necessity to adjust the item 4.4 of the Basic Navy Doctrine to the Complementary Law 97/1999 (article 16- A), excluding the requirements and impediments not provided by law, because a infralegal norm should only turn effective and efficient the exercise of the legal duty. By this, this attribution should be performed even without a request or as result of a direct request of any agency of the Executive Power. We hope to contribute with the improvement of the country's capacity to combat crimes at sea.