Proteção dos espaços marítimos sob jurisdição nacional: o Stellar Banner e a competência do tribunal marítimo brasileiro

Abstract

This monograph analyzes the protection of maritime spaces under national jurisdiction in light of the Brazilian legal framework, with an emphasis on the repression of pollution caused by foreign vessels. The study focuses on the case of the bulk carrier Stellar Banner, which sustained damage to its hull after colliding with an unidentified object. This led to its sinking in Brazil’s Exclusive Economic Zone in 2020, causing significant environmental risks. The research discusses the legal mechanisms for control and liability, considering the principles of the United Nations Convention on the Law of the Sea, national legislation, and the normative acts of the Maritime Authority, the jurisdiction of the Maritime Court, and the role of the Navy’s Special Prosecutor’s Office. It further highlights the competence of the Brazilian Maritime Court in investigating navigation-related accidents and incidents, as well as its importance in assigning civil and administrative responsibility to those involved. The analysis concludes that the Stellar Banner case underscores the need to strengthen preventive measures and ensure coordinated action among competent authorities to safeguard the environmental protection of maritime spaces under Brazilian jurisdiction.