O afundamento dos ex-navios mercantes “recife star” e “jari star” em águas jurisdicionais brasileiras : lições aprendidas

Abstract

This dissertation aimed to present the singularities of combating the ship abandonment in Brazilian Jurisdictional Waters (BJW). Through descriptive and explanatory research, the preventive administrative measures adopted by the Government to mitigate threats in the selected example of the ship abandonment of the RECIFE STAR and JARI STAR, in 2016, were identified and analyzed. Thus, the events occurred in the example revealed flaws and gaps that exposed the vulnerabilities of combating the ship abandonment in Brazil. The former merchant ships sank as a result of the foreign owner's inertia in complying with the legal measures regarding navigation safety and assistance and rescue of vessels. The initial hypothesis was that the abandonment was due to the sum of operational and financial failures, as well as legal gaps. However, in addition to these aspects, the research found, as a predominant factor, the procedural vulnerabilities adopted by the involved agencies. Based on these analyses, the practice of ship abandoning, which constitutes a kind of threat to maritime safety, with potential danger to the marine environment and waterway traffic, required a standardization of administrative measures available to the Government, as well as other accessory measures for the success of its combat. Through the collection and analysis of private and official documentary data, bibliographies and judicial decisions, it was possible to determine the main procedural and legal flaws and gaps, culminating in the elaboration of a basic standard procedure flowchart, in order to improve and optimize the actions threat mitigation, by the Government, to similar cases