A Autoridade Marítima Brasileira e os modelos adotados em outros países.Análise comparativa e possibilidades de aprimoramento da estrutura vigente no país: inscrição e registro de embarcações - uma nova proposta

Abstract

The Navy Commander, acting as the Brazilian Ma ritime Authority, is in charge of many specific duties, qualified in the Federal Constitution as “Subsidiary tasks”, that are basically oriented to safety of navigation, to preservation of life at sea, rivers and lakes, as well as to prevention of hydric p ollution. For such competences, the Brazilian Navy has Captaincies, and their Delegates and Agents subordinated, executing their attributions in order to accomplish those purposes and, for that reason, they are known as “Maritime Authority Agents”. Among t hose Maritime Authority attributions, there is one that enables to regulate inscription and registry of vessels in the national territory, that goes beyond property guaranteeing because allows the Brazilian State to control their activities and attribute r esponsibilities for their owners, as prescribed in the current Law. Captaincies, Delegates and Agents subordinated, nowadays, are the only organizations in the country that execute vessels regularizations, as well as execute other attributions, equally imp ortant, such as Naval Inspection, guided to safety of life and to safety of navigation, and formation of capable professionals by the Maritime Professional Teaching. So, it was studied one plausible alternative for conducting inscription and registry proce sses, seeking to contribute for reduction of work load in those Captaincies as well as for rationalization of employing human, material and financial resources, not always enough for effective and full execution of their tasks. Pursuing this objective, the Brazilian Maritime Authority structure was analyzed as well as administrative channels for inscriptions and registries in this Country. After that, the Maritime Authorities structures, and respective processes, of Argentina, Chile, Portugal and United Kin gdom were studied. From the comparison of our system and those countries’ systems, positive aspects were selected in order to possibly apply in Brazilian vessels regulation processes. The Law viability was also analyzed for alterations considered as necess ary. And, at the end, it is presented a proposal, as a feasible alternative for vessel inscription and registry services, in which is envisaged the possibility of creation of the “Credentialed Entities”, dedicated to those activities, complementarily to Ca ptaincies, and organizations under their command, of the Brazilian Maritime Authority.