Os novos desafios para a autoridade marítima brasileira - perspectivas: a imperatividade das normas da autoridade marítima

Abstract

This paper discusses the challenge of the Maritime Authority in regulating the use of the sea within its competence. Emanating administrative acts, this form of norm lacks aspects related to imperativity, but the degree of specificity of the subjects treated makes the judicial control is attenuated, raising the importance of this normative modality, even generating obligations on third parties for the exercise of extroverse power. On the other hand, the incentive to comply with these standards stems from the gain that international trade operators can earn. In addition to reducing costs, accident prevention can reduce losses that are difficult to be absolved, in light of the value of the assets involved. At the end, it is concluded about the importance of the rules issued by the Maritime Authority in terms of scope, and that the protection of individual and state interests pass through NORMAM, as we analyze the case of NM "Haidar".