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 ways of destruction of the marine environment within maritime spaces as a consequence of navigation and water transport both in national and international waters; maritime and port damage as a factor of environmental pollution caused by human attitudes and decisions. The maritime and port damage caused by the present work must be analyzed from article 225§1 and 4 of the CF / 88, having as theoretical basis the maritime law doctrine of national authors such as Eliana Otaviano, Carla Adriana Comitre Gibertoni and Clarissa Ferreira Macedo D´Iesp, as well as the respective national (Commercial Code) and international (York and Antwerp Rules 2004), insisting that the responsibility (fundamental duties) be shared between the State, the legal entities and the individuals who participate maritime activity through the transport of goods and passengers