A atuação preventiva da procuradoria especial da marinha na investigação de um sinistro marítimo: Em busca da promoção da justiça em prol da segurança da navegação

Abstract

ABSTRACT THE PREVENTIVE ACTION OF THE SPECIAL PROSECUTOR'S OFFICE OF THE NAVY IN INVESTIGATING A MARITIME DISASTER IN SEARCH OF GREATER EFFECTIVENESS IN SAFEGUARDING NAVIGATION SAFETY IN BRAZILIAN JURISDICTIONAL WATERS This study will analyze the Navy's Special Prosecutor's Office playing a greater role in the investigation of a maritime accident or incident, including the ability to gather evidence in advance, aiming to contribute to a more just and effective outcome upon conclusion of an inquiry. The study utilizes a Case Study of the sinking of the vessel Haidar to contrast the investigation conducted during the inquiry by the Port Captaincy agents with the approach of the Prosecutor's Office, in order to demonstrate whether the proactive involvement of this entity in the pre-trial phase would indeed be beneficial and serve the public interest, not only of the Brazilian Navy but of society as a whole. However, there are gaps in the law that allow for this proactive action by the Prosecutor's Office, similar to that of the Public Prosecutor's Office, including doctrinal divergences. Therefore, interviews were conducted with three authorities knowledgeable on the subject: a Prosecutor, a Judge from the Maritime Court, and an Agent of the Brazilian Maritime Authority, to seek solutions. In her conclusion, the author highlights the discrepancies in the investigation of the Haidar ship accident, and how this impacted the inquiry and consequently hindered the filing of charges by the Prosecutor's Office and the procedural progress before the Maritime Court. Additionally, the perspectives of the interviewees were raised and examined to evaluate the feasibility of the Prosecutor's proactive role in the investigatory phase, even without explicit legal support.