Pollution Liabilities in Brazil
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Statistics from the Brazilian Navy’s Directorate of Ports and Coasts (DPC) indicate that, over the last decade, nearly one thousand cases of maritime casualties and incidents have been recorded on national waterways per year, with 238 persons losing their lives each year. Most fatal accidents involved yachts, motorboats, and passenger boats, preponderantly in northern Brazil. Among ocean-going cargo vessels, personal injuries on bulk carriers were predominant.
Casualties and incidents of navigation involving vessels and platforms of all flags in Brazilian waters are subject to an inquiry by the maritime authority. The findings of the investigation are referred to the Admiralty Court (Maritime Tribunal) whose judges determine culpability, impose administrative sanctions and fines and, where applicable, propose measures to prevent future accidents.
While the judgement rendered by the Maritime Tribunal is not binding and is always subject to judicial review, it has significant weight and is deemed accurate as a piece of technical evidence. In fact, the courts of law tend not to interfere in the substantive issues resolved by the specialised court and adopt its decisions to rule on civil and tax disputes brought before the Brazilian legal system.
In this practical guide, we walk through the workflow of the maritime inquiry, the judgement by the Maritime Tribunal, and its relevance to the outcome of maritime disputes and lawsuits. We briefly explain how offences to maritime traffic rules and the sanctions are processed, and how the maritime authority undertakes investigations into major casualties under the IMO Casualty Investigation Code (CIC).
While the guide is not a substitute for legal advice, we hope it will be a valuable source of reference and practical information for our clients and associates. We will endeavour to keep an updated copy of this publication available on our website.
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