A liberdade de navegação e as medidas de restrição e controle do tráfego marítimo na proteção de infraestruturas críticas

Abstract

This thesis aims to present possibilities and limitations for using maritime traffic restriction and control measures to protect offshore critical infrastructure assets located at Espírito Santo, Campos and Santos Basin. Through the hypothetical-d eductive method is intended to identify a set of standards and practices that corroborates or contradicts the Brazilian State perspective in ensuring installations and offshore oil structures‟ security. Starting from the hypothesis which exists the need to protect the infrastructure and hydrocarbon exploitation operations at sea and it must be done in a manner aligned with the principles governing the Public Order of the Oceans, the maritime traffic restriction and control measures can be seen as a set of standards and practices internationally accepted that constitute a legitimate tool of the coastal States to counter possible threats, especially in the maritime area that the 1982 United Nations Convention on the Law of the Sea establishes as the Exclusive Economic Zone. Despite the conventional law guarantees, the implementation of maritime traffic restriction and control measures in Brazilian Exclusive Economic Zone has faced strong resistance by the maritime powers. That‟s mainly due to the need of those countries ensuring freedom of navigation during the discussions established under the International Maritime Organization mandate. To achieve its goal, this thesis presents the Public Order of the Oceans as a set of rules and practices governing the interactions, conflicts and needs related to actors who use the oceans for promoting economic and social development. After that, intentional and unintentional threats and risks posed on critical offshore assets by international shipping and adverse groups will be considered. Hereafter coastal States practices and rules in maritime traffic restriction and control will be displayed, both unilaterally and with the consent of international organizations. Finally, the research concludes that the use of restrictive measures and control of navigation is suitable for the protection of critical infrastructure; however, due to maritime powers performance in international organizations, the free dom of movement of people, goods and naval forces ends up prevailing over the coastal States‟ security needs.