A ampliação da plataforma continental do Brasil: análise à luz da convenção das nações unidas sobre o direito do mar e do ordenamento jurídico brasileiro (1982-2022).

Abstract

Holder of qualified natural resources, the Brazil has a significant continental platform under the South Atlantic. The Brazil is one of the richest countries in marine natural resources. The privilege of its geographic position, places it in front of one of the largest coasts bathed by the sea. At the international level, with the establishment of the United Nations Convention on the Law of the Sea (UNCLOS), several States began to claim the expansion of their respective continental shelves. The Brazil was one of the pioneers in exercising this claim before the Commission on the Limits of the Continental Shelf (CLCS) of the United Nations (UN). Given this conjuncture, it is questioned how the UNCLOS and its incorporation into the Brazilian legal system contributed to Brazil's claim to expand its continental shelf under the sea beyond 200 M.?. Thus, the purpose of this work was to investigate the process of the Brazilian claim to expand its continental shelf based on the foundations of the international law of the sea and the Brazilian legal system to the period 1982-2022. To achieve this, the methodology adopted in this work was based on multi-methods perspective. Therefore, a deductive approach was used, with the use of historical and hermeneutical methods and a review of specialized literature, developed through the process-tracing qualitative analysis technique. The research demonstrated that the use of the legal foundations of the international law of the sea in the Brazilian claim to expand its continental shelf is part of one of the Brazilian strategies defined in terms of the exercise of its sovereignty over the sea. As a result, the UNCLOS, incorporated into the Brazilian legal system, exerted a strong influence on the delimitation of the continental shelf as a legal basis for the Brazilian claim to propose the extension of its continental shelf beyond 200 M. Evidenced, in these terms, by the adoption of conceptual devices and delimiters enshrined in the UNCLOS and incorporated by Brazil in its claim to the CLPC.