Eficácia das normas internas e externas: responsabilidade dos navios pelos danos causados ao ambiente marinho

Abstract

It seeks to analyze the international treaties and conventions on maritime law, and its effectiveness in curbing and punishing the practice of pollution of the seas by ships, especially when it involves an oil spill. The method was used deductive, through an analogy between internal and external rules imposed on of the environmental protection of the sea and which of them are used correctly in the Brazilian legal system, intending to prevent the practice of spillage of oil. It sought to bring examples of accidents and highlight the importance of protection environment of the sea, as a way of survival not only of ecosystems marine, but also for the human species. Debate on civil liability subjective and objective, and found that to curb the practice of oil spillage is strict responsibility, understanding that the mere transport of oil already brings losses. It analyzed external and internal rules and found that some norms were not internalized in the order, as well as those that were internalized, lose their effectiveness because the Courts do not apply them properly, exercising only the repressive function. Brings the concept of development sustainable, as a guide to the countries of the world, seeking to balance progress economic not overlapping with the environment. Finally, he defended the need for fulfillment of the duties imposed by the norms, since the rights will only become effective if duties are fulfilled