Tribunal marítimo: justiça e segurança da navegação

Abstract

Considering that Brazilian jurisdictional waters have a distinguished extension, reaching millions of square kilometers of oceanic area along the coast, in addition to lakes, rivers and their affluent, lagoons and other waterways, the protection of this huge national heritage, recognized as Blue Amazon, requires an amalgamation of forces that act in interoperability. It is in this context that this work aimed to demonstrate the importance of the Brazilian Maritime Tribunal, when judging facts and accidents of navigation, contributing prophylactically to safety at sea and to the protection of the marine environment, not by chance being linked to the Ministry of Defense, through the Brazilian Navy Command. The Maritime Court, due to its organic law, is an auxiliary administrative organ of the Judiciary, with jurisdiction throughout the national territory and, in specific cases, overflowing its borders, its judgments being essential to the conviction of the judges involved in the developments of the civil, criminal and labor cases. The gordian knot untied, or the problem unveiled, focused on ascertaining the extent to: which the cases decided of the Maritime Court are effective tools for convincing judges in the mentioned spheres? The approach methodologies were, in principle, inductive, through the observation of decisions in other Courts whose objects of disputes have been maritime accidents; afterwards, through the dialectical method, the perception of the collected information gave rise to the opposition of ideas that allowed to reach the answer to the proposed problem. From the analysis of the cases studied, the work concluded that there is space for the Judiciary to take even more advantage of the decisions made by the maritimist Collegiate, in compliance with the provisions of the Civil Procedure Code, when the legislator determined stay the proceedings of civil cases until a decision is reached end at the Maritime Tribunal.