A pirataria marítima e o roubo armado, no mar: uma discussão da normatização brasileira

Abstract

Considering the important role of Brazil in defending South Atlantic Peace, the responsibility of all States to cooperate in reprimanding piracy imposed by the United Nations Convention on the Law of the Sea and the main threats and opportunities of Brazil regarding maritime piracy, this study has the objective of analyzing the current situation of maritime piracy and the legal obstacles faced by the State, especially by the Brazilian Navy in its task of reprimanding such offenses at sea, especially maritime piracy and armed robbery at sea. Initially, a historical perspective on the problem of maritime piracy is followed, and a concept is then sought for maritime piracy in order to differentiate it from armed robbery against ships, thus studying the forms of approach in each case. Will be studied which are the main impacts of maritime piracy in global and national issues. Continuing is the legal problems faced by the Brazilian Navy in the fight against maritime piracy, verifying the main foreign regulations that consider it as a crime. Finally, in the light of the directives of international instruments and international agencies that reprimand maritime piracy, it allows for inductive reflection on the suggestion of alteration in Brazilian law in order to be considered a crime in national legislation