O dever fundamental de proteção do meio ambiente marinho como consequência da avaria marítima e portuária

Abstract

The present article intends to analyze one of the forms of destruction of the marine environment within the maritime spaces as a consequence of navigation and waterway transport in both national and international waters; maritime and port malfunction as a factor of environmental pollution caused by human attitudes and decisions. The maritime and port faults in the present work should be analyzed from article 225.1 and 4 of CF / 88, based on the doctrine of maritime law by national authors such as Eliana Otaviano, Carla Adriana, Comitre Gibertoni and Clarissa Ferreira Macedo D'Iesp, as well as the respective national legislation (Commercial Code) and international (Rules of York and Antwerp 2004), insisting that the responsibility (fundamental duties) be shared between the State, the legal entities and individuals that participate of maritime activity through the transport of goods and passengers