Page 332 - Economia Azul - versão: inglês
P. 332

Thus, the option was that the works    into a Bill, if its content so requires. In con-                         4. Public Policy Instruments aimed at the sea with complementary
               should advance in some choices before    trast, if it were configured as a political                              interference
               opening up to social contributions.      option of rearrangement of priorities and
                 It was decided that after some prelimi-  structures only subordinated to the Pub-                                  As shown in Figure 1, the matrix of in-  decided to exemplify such interconnection in

               nary and objective delineations, it would be   lic Administration of the Executive Power,                         tercurrences for the implementation of pub-  the geographic area of  the “coastal zone”.
               a propitious moment to call on society to   this form would be adequate. The second                               lic policies aimed at the sea cannot be seen   4.1.1 The complex management of
               add contributions, reflections that, eventu-  option was a clear and objective wording,                           only through one of the four prisms shown.   the coastal zone in Brazil
               ally, could identify needed revision sto pre-  based on the guidelines for writing norma-                         Even in clearer cases of exemplification,
               vious decisions and notes of guidelines that   tive acts provided for by Decree 9,191, of                         such as in “maritime safety” policies, it can-  The choice of this particular “geograph-
               show what is desired for a country more ori-  2017. However, if at the end of its prepara-                        not be understood that, in this theme, it is   ical area” is purposeful. The 1982 United
               ented towards the sea.                   tion there was a possible normative conflict                             exclusively a single, national entity that has   Nations Convention on the Law of the Sea
                 Finally, like any cyclical and regenera-  with current laws (remember that some                                 the attribution. In its broad view, it seems   (UNCLOS) is usually given the comparative
               tive process, at the end of a consolidated   of the transversal policies mentioned and                            evident to be the responsibility of the Feder-  nickname of “constitution of the seas”.
               proposal, a new opportunity for social par-  chosen in the internal comparative study                             al Executive Power through the Ministry of   Something, from a merely legal point of
                                                                                                                                                              8
               ticipation is expected, with a new consul-  are instituted by laws), their eventual adap-                         Defense and, more particularly,  the Navy   view, innovative and not consensual, but
               tation with the population in view of the   tation would be easier.                                               Command. However, even so, the Federal   which allows its political-legal degree of
               proposed proposal.                          Another choice made was to base its                                   Constitution itself assigns competence to   relevance to permeate. Thus, although in-
                                                        writing on the most modern techniques                                    the Federal Police for certain actions with   ternally it  has the  status  of ordinary law,
               3.2.4 Choices of a process under         and processes that have been reflected in                                certain territorial restrictions, State Military   its relevance from the point of view of the
               construction                             more recent Policies of the same (or simi-                               Police in certain inland waters can also do   international obligations that the country
                                                        lar) level, such as the National Solid Waste                             so. In some themes, it is not up to the Com-  assumes  is quite  relevant. However,  the
                 As a result of the three preliminary   Policy or even the National Transport Policy.                            mander of the Navy to define, but to the   UNCLOS seeks to establish some physical
               studies completed, the first options of the   Therefore,  this  is  a  work  process  that                        National Maritime Authority, which, in Bra-  and geographical boundaries with special
               IWG-NMP were, first that the new NMP     is still under construction, expected to be                              zil, is defined by law as being also the re-  characteristics of responsibilities and per-
               would have an articulated formulation, ini-  concluded within the deadline established                            sponsibility of the Commander of the Navy,   missions. It sets the maximum width of the
               tially designed for its institution by Decree.   by the Decree that instituted it, but which                      but with attributions that are different from   Territorial Sea, Contiguous Zone, Exclusive
               This was mainly for two reasons: having   will certainly still receive a lot of collabora-                        him. In other words, the thematic example   Economic Zone (12 MN (nautical miles), 24
               been an initiative of the Executive Power,   tion  from civil society and  even the  deci-                        used (maritime security) cannot be analyzed   MN and 200 MN, respectively, all based on
               nothing would oppose the transformation    sion-making power that instituted it.                                  only from one of the four prisms of the ma-  the baseline – in short – the coast).
                                                                                                                                 trix (decision-making level), nor in isolation   In other words, the aforementioned
                                                                                                                                 from any of the others, as there are intercur-  “constitution” does not define and delimit
                                                                                                                                 rences between them.                     the “coastal zone”. Here is the reason for
                                                                                                                                    Thus, trying to discuss, in this work, under   the choice: this was a national option that,
                                                                                                                                 all four prisms and on their secondary de-  therefore, must be considered under the
                                                                                                                                 velopments would be quite presumptuous.   entire spectrum of normative instruments,
                                                                                                                                 However, in addition to the brief example   which take as a reference the geographical
                                                                                                                                 made above, from the thematic perspective   boundaries that coincide with the UNCLOS.
                                                                                                                                 (“maritime safety”), it is intended to show   There is no doubt that, latu sensu, the
                                                                                                                                 that this intercurrence also occurs, for exam-  relevance seems evident of public policies

                                                                                                                                 ple, due to geographic location. It was then   for this area of  extreme environmental and


     330  BLUE ECONOMY                                                                                                                                                                         Public Policies Aimed at the Sea  331
   327   328   329   330   331   332   333   334   335   336   337