A aplicabilidade do direito internacional do mar no ordenamento jurídico brasileiro como medida de prevenção contra incidentes de poluição marinha por óleo

Abstract

This work has as its object the analysis of application of the norms of international law of the sea in the Brazilian legal system with regard to the protection of the marine environment during offshore oil exploration and production, with the purpose of enlarging their regulatory framework and filling legal gaps. The study is developed on the basis of the norms of international treaties ratified by Brazil that treat about the activities of coastal States for the prevention, reduction and control of pollution of the marine environment on account of activities undertaken within their maritime borders, as the United Nations Convention on the law of the sea of 1982 and International Convention on preparation, response and cooperation in case oil pollution of 1990. Throughout the dissertation, it demonstrates that the existing regulatory framework is not sufficient to ensure the prevention incidents of sea pollution by oil, which led Brazil to incorporate in its legal system specific international standards that order on the theme, insofar as Brazil presents a normative context based on the protection of the fundamental right to the environment, including the international point of view. Consider the environmental constitutional principles foresee in the Federal Constitution of 1988 for the protection of the marine environment and the environmental competence of the federative entities to achieve these principles. Expose the internal rules applicable to the prevention of sea pollution by oil resulting from the offshore oil exploration and production, as well as the international standards for the prevention of sea pollution ratified by the Brazilian State. It has been as a conclusion that requires the implementation of some preventive measures in the legal system, such as the strategic environmental assessment and financial compensation of environmental damages, and in the contractual relations between States and oil companies, such as the requirement of liability of these in sharing agreements and environmental insurance.