O exercício do poder de polícia pela autoridade marítima como instrumento de proteção das águas jurisdicionais brasileiras

Abstract

ABSTRACT The exercise of police power by the Maritime Authority as an instrument for the protection of Brazilian Jurisdictional Waters The aim of this study is to investigate, according to the legal system, whether it is possible for the Brazilian Maritime Authority to perform its duties, even solely, to exercise administrative and security police powers in naval patrol actions, without representing an invasion of duties from another authority, Federal or State Authority. To reach a conclusion on this study and analyze the legality of the use of police power by the Brazilian Maritime Authority, researches were carried out on the Federal Constitution, laws, books and scientific articles related to the topic. Brazilian Jurisdictional Waters are essential for security, development, growth and progress in Brazil. To guarantee the protection of interests and existing resources Inland Waters and the Blue Amazon, the Commander of the Navy was designated as Maritime Authority and General and Subsidiary duties were bestowed upon him, supported by the Brazilian Federal Constitution and the law, such as performing patrolling actions and naval patrol to monitor and protect national heritage and ensure compliance with the rules in force in Brazilian Jurisdictional Waters. Likewise, to ensure the fulfillment of its responsibilities, the constitutional and infra-constitutional legislator ensures that the Maritime Authority exercises administrative and security police powers to preserve the public interest and protect and defend existing resources in the river and ocean areas that belong to Brazil.