Tutela jurídica e responsabilização civil por derramamento de óleo no mar: análise do caso de oleamento do litoral nordestino no ano de 2019

Abstract

The work is summarized in the hypothesis of tracing the origin of the oil and in the identification of the responsible for the oil spill that reached the entire northeast coast and the states of Rio de Janeiro and Espírito Santo in 2019. Spreading over rivers and mangroves, and directly affecting the entire ecosystem of northeastern and southeastern Brazil, including the fauna, flora and economy of the affected cities, being considered. Therefore, that incident is considered the most extensive environmental disaster of this nature ever occurred in the Country. Highlighting the procedure that must be adopted for this high environmental risk activity and the sanctions applicable under the main legal instruments related to oil pollution under international law and Brazilian law, so that the polluter is held responsible and restores environmental damage and socioeconomic factors, both short and long term, caused by eviction. In addition, the Brazilian Government's emergency plan that seeks to control or minimize the damage caused by the oil spill was analyzed, as well as determining the competent bodies to act when the oil spill at sea is identified, which is the National Contingency Plan for Incidents of Oil Pollution in Waters under National Jurisdiction (PNC). To this end, it aimed to analyze the normative framework at national and international level that deals with the applicable civil liability in cases of oil spill at sea and, from this, verified the indispensability of inspection in prevention so that the remediation of incidents be really effective, preventing the damage from taking on the dimension that the case worked took.