Page 197 - Economia Azul - versão: inglês

position in an internationally globalized Revenue carries out in foreign trade; Port on the Law of the Sea (UNCLOS) as a basis state governance of maritime transport ac-
economy, one that increasingly requires the Law, since the port is the place where the for support, a number of International Mari- tivity in Brazil. With the creation of the Na-
adoption of public policies of protection goods are shipped; with Administrative time Organization (IMO) norms regulate the tional Agency for Waterway Transport (AN-
and enhancement of the means used in the Law, as a result of legislation enacted by activity, in terms of work maritime and envi- TAQ), through Law number 10,233, of June
maritime transport of goods. the various bodies of the Executive Pow- ronmental governance. In addition, federal 5, 2001, a complex federal normative and
Dealing with maritime traffic governance er, especially the Navy Command; with laws and rules from the Maritime Authority regulatory system began to be established,
means involving Maritime Law and its sources Public International Law, due to the large and the Regulatory Agent seek to frame bringing the presence of the Regulatory
to take care of administrative regulation and number of treaties and conventions, the activity in state control, providing the State to the governance of the ocean as
national and international jurisdiction in one mainly those edited by the International opportunity for ocean governance in trans- vector of communication, whether in trade
of the oldest and most important human Maritime Organization; with Private In- port and trade activities to function within carried out by cabotage navigation, which
activities, which until today unites the most ternational Law, due to the complexity an institutional normality, whether in the occurs within the national maritime jurisdic-
different peoples through communication, of conflicts involving transport contracts national scenario in coastal cabotage navi- tion and in inland waters, or in long-distance
trade, and maritime transport. Maritime and different nationalities of the parties gation or in inland or international waters, navigation, when export and import move-
Law has a strong relationship with several involved; with Environmental Law, as in the activity of long-distance navigation. ments are present.
other legal fields, given its dimension and the transport takes place in waterways; The current legal and regulatory sce- Given the importance of certain Brazilian
complexity of local and international norms, among other branches of law. nario is based on the Federal Constitution productive activities in the international sce-
ratified by the international community, with of 1988, by establishing in article 170 the nario, in particular, mineral and agricultural
the aim of bringing organization and legal Understanding all these dynamics and principles of the Economic Order and state commodities, the governance of long-dis-
certainty to an activity in which risk and ad- complexity leads us to argue that, as a di- action in the economic domain. According tance maritime transport activity is vital to
venture were always present. rect function of the importance of maritime to the lesson of Castro Júnior (2005): the Brazilian trade balance and its GDP. Ac-
As taught by Castro Júnior (2004): transport activities and international trade, cording to Fundação Getúlio Vargas (Getúlio
ocean governance in development and the The art. 170 outlines the general struc- Vargas Foundation), the year 2021 repre-
Maritime Law is based on the Fed- good performance of this entire chain is stra- ture of the economic legal system, and is sented the largest trade surplus in the entire
eral Constitution of 1988, according to tegic for the State in its sustainable economic based on the valorization of human work historical series, with a value of US$ 61.2
the aforementioned articles, as well as and social growth. The ability to preserve the and free initiative, with the exception that billion and an increase of US$ 10.8 billion
its autonomy, as provided for in art. 22, marine environment and its resources, both once such fundamentals are accepted, in relation to the balance of 2020. The trade
I. In turn, it mainly relates to Commer- living and non-living, is a direct condition the Constitution establishes the purpose flow (exports plus imports) reached a record
cial Law, in view of its regulation in the for coordinated planning action that brings of all action through economic policies, value of US$ 500 billion, resulting from an
Commercial Code of 1850, Part Two; possibilities for continuous and sustainable that is, that of to ensure a dignified exist- increase of 34.2% in exports and 38.2% in
with Civil Law, by the Civil Code, in the growth. From this perspective, an entire sys- ence for all, according to the dictates of imports, between 2020/2021. 1
part that deals with transport contracts; tem is needed that involves the control and social justice, and for such objectives to Aggregate GDP data released in 2019
with the Consumer Protection Law, es- regulation of transport contracts, port tariffs, be achieved, it is necessary to adopt some by Agência Brasil (Brazil Agency) show that
pecially for the consumer relationship insurance, and freight mechanisms so that guiding principles for State action. the Maritime Economy generates R$ 2 tril-
between service providers and product the activity has predictability and planning lion per year, which represented 19% of
suppliers that are related in the shipping for investments, which are always large. In turn, Law nº 9.432, of January 8, GDP in that year. In this scenario, the par-
2
industry, as well as collective actions Alongside this intricate system, extens- 1997, dealing with the regulation of wa- ticipation and strategic action of the State
especially for environmental damage ive legislation needs to support all activity terway transport and Law nº 9.537, of De- as a regulatory agent and proponent of
caused by maritime pollution. in order to build good governance. Along- cember 11, 1997, dealing with the safety of public policies that consider the importance
In addition, it is related to Customs Law, side the International Public Law Norms, waterway traffic in waters under national of the oceans as a vector of economic de-
through the inspection that the Federal which have the United Nations Convention jurisdiction (LESTA) gave a strong order to velopment are more than necessary.

194 BLUE ECONOMY Ocean Governance as a Communication Vector 195