Interpretações sobre as áreas de Jurisdição a parti da Costa: O conceito de Águas Jurisdicionais Brasileiras comparado a conceitos Análogos do Chile e Argentina

Abstract

The blue Amazon, brazilian expression adopted by the Brazilian Navy to draw attention as the immense riches of the ocean under brazilian jurisdiction. Through it circulates most of the foreign Brazil’s trade and it is explored large part of the country's oil. The Commander of the Brazilian Navy, in order of Brazilian Maritime Authority, has numerous charges that, in function of the increasing progress of maritime activities in Brazil, have required huge dedication to accomplish effectively their assignments provided by the law. In this context we can highlight the need of preservation about the rights and exploration of Brazilian Jurisdictional Waters, respecting the international treaties, conventions and agreements ratified by Brazil. In this way, under the precepts of United Nations Convention on the Law of the Sea,is paramount importance to analyze and improve the understanding of Brazilian Government,about the concept of Brazilian Jurisdictional Waters, refering to the rights of sovereignty,regulation, oversight and exploration of seabed, subsoil and overlying waters, in each of the maritime spaces. Thus, this work analyses the competences of the maritime Authority in the Brazilian Jurisdictional Waters, especially in the extended Continental Shelf, and seeks to identify divergences between the concept adopted by AMB and international treaties, based on the understanding of national norms and their respective legal superstructures. Them, this work was carried out from comparative research, taking as reference the United Nations Convention on the Law of the Sea, the laws, rules disclosed by AMB and other Maritime Authorities,academic articles and an interview with an expert. Subsequently, a comparative analysis of the models was made and, at the end, based on the knowledge obtained, it was concluded that the concept of AJB adopted by the Brazilian Navy does not need to be changed, and can be justified by the principle of delegalization or even by the theory of implicit powers, however it lacks evaluation when it employs such a concept in the existing requirements in the Brazilian Maritime Authority Standards that, according to this author, several of these requirements are not applicable to vessels when they are operating in the overlying waters the extended Continental Shelf.