Maritime Law in Brazil

Introduction

Maritime law in Brazil (Direito Marítimo or Direito do Comércio Marítimo) governs shipping, navigation, port operations, and maritime commerce. The primary legislation includes the Commercial Code of 1850 (Part II, governing commercial maritime law), which remains partially in force, the Law of Maritime Ports (Law 12.815/2013), and various provisions of the Civil Code of 2002 applicable to maritime contracts. Brazil is a signatory to major international maritime conventions and has a specialized Admiralty Court (Tribunal Marítimo) for administrative adjudication of maritime incidents.

Sources of Maritime Law

Domestic Legislation

Brazilian maritime law draws from multiple sources: (i) the Commercial Code of 1850 (Articles 457-796), which governs maritime commerce, charter parties, average, and salvage; (ii) the Civil Code of 2002, which covers maritime contracts, insurance, and liability; and (iii) special legislation, including:

• Law 12.815/2013 (the Ports Law): Port organization, administration, and labor
• Law 9.603/1998: Chartering of vessels and maritime transport
• Law 7.203/1984: Registration of ships and mortgages
• Decree-Law 116/1967: Maritime liens and privileges

International Conventions

Brazil is party to key international maritime conventions, including: (i) International Convention for the Safety of Life at Sea (SOLAS); (ii) International Convention on Civil Liability for Oil Pollution Damage (CLC); (iii) International Convention on Maritime Liens and Mortgages (1993); (iv) United Nations Convention on the Law of the Sea (UNCLOS); and (v) International Convention on the Arrest of Ships (1999), implemented by Decree 10.642/2021.

Maritime Authorities

Admiralty Court

The Admiralty Court (Tribunal Marítimo), created by Decree-Law 118/1967, is an administrative tribunal under the Ministry of Transport. It is the oldest specialized court in Brazil, dating to the 18th century. Its jurisdiction includes: (i) investigation of maritime incidents; (ii) adjudication of technical matters related to navigation; (iii) registration of vessels; and (iv) maritime discipline.

The Admiralty Court is composed of judges (juízes) appointed by the President, including naval officers, maritime lawyers, and technical experts. Its decisions are subject to judicial review by the federal courts.

Brazilian Navy

The Brazilian Navy (Marinha do Brasil) exercises port state control, enforces maritime safety regulations, and coordinates search and rescue. The Directorate of Ports and Coasts (DPC) regulates maritime safety and the qualification of seafarers.

National Waterway Transportation Agency

The National Waterway Transportation Agency (ANTAQ), created by Law 10.233/2001, regulates port and waterway transport services, including tariffs, quality standards, and competition in the sector.

Vessel Registration and Ownership

Brazilian Flag

Vessels must be registered with the Admiralty Court to fly the Brazilian flag. Registration requires ownership by a Brazilian company or a Brazilian citizen. The Single Register of Vessels (RENAVAM) records title, mortgages, and encumbrances.

Ship Mortgages

Ship mortgages (hipoteca naval) are governed by Decree-Law 116/1967 and are registered with the Admiralty Court. Brazil ratified the International Convention on Maritime Liens and Mortgages (1993), which governs the priority ranking of maritime claims.

Maritime Contracts

Charter Parties

Chartering (afretamento) is governed by the Commercial Code and Law 9.603/1998. Three types of chartering are recognized: (i) bareboat charter (afretamento a casco nu); (ii) time charter (afretamento por tempo); and (iii) voyage charter (afretamento por viagem).

Carriage of Goods by Sea

The carriage of goods is governed by the Commercial Code and the Hague Rules (implemented by Decree 19.292/1939) and the Hague-Visby Rules (Decree 86.515/1981). The carrier must issue a bill of lading (conhecimento de embarque), which serves as evidence of the contract, receipt of goods, and document of title.

Salvage and Towage

Salvage (salvagem marítimo) is governed by the Commercial Code and the International Convention on Salvage (1989), implemented by Decree 2.509/1998. Salvage awards are based on the principle of no cure, no pay. The Admiralty Court adjudicates salvage disputes.

Maritime Liens

Maritime liens (privilégios marítimos) are governed by Decree-Law 116/1967 and the International Convention on Maritime Liens and Mortgages. The priority ranking includes: (i) crew wages; (ii) port and navigation fees; (iii) damages from collisions; (iv) salvage; (v) general average contributions; and (vi) other privileged claims.

Port Law

Law 12.815/2013 (the Ports Law) reformed Brazil’s port sector, introducing: (i) private port terminals (terminais de uso privado, TUPs) with simplified authorization; (ii) public port concessions through competitive bidding; (iii) port labor management through the Port Operations Company (OGMO); and (iv) the National Port System coordination by the Ports Secretariat.

Pollution and Environmental Liability

Brazil imposes strict liability for maritime pollution. The Oil Pollution Liability Convention (CLC) governs civil liability for oil spills, while the National Environmental Policy (Law 6.938/1981) imposes strict liability for environmental damage. The National Agency of Petroleum (ANP) regulates offshore oil and gas operations.

Conclusion

Brazilian maritime law is a complex amalgam of historical legislation (the 1850 Commercial Code) and modern statutory and treaty law. The specialized Admiralty Court provides technical expertise in maritime incident adjudication. The ongoing modernization of port infrastructure, the development of offshore oil and gas, and Brazil’s integration into international maritime conventions continue to drive the evolution of maritime law.