O direito internacional no combate à poluição dos mares por plástico: responsabilidade estatal, instrumentos jurídicos viáveis para controle de condutas e possíveis sanções para um Brasil poluidor do meio ambiente marinho

• Autor(a) principal: Sobreira, Gabriel Araújo
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/49295
• topic: Direito Internacional; Direito Internacional Ambiental; Direito Ambiental; Responsabilidade Internacional; Dano internacional ao Meio Ambiente; Direito do Mar

This research aims to analyze how international law has sought to prevent pollution of the oceans by plastic waste, the instruments provided in the legislation to protect the marine environment and the possible sanctions for Brazil if the international community notices a polluter behavior coming from the country. The sea has ceased to have purely economic value and is now recognized as a community space and essential for the protection of biodiversity and the development of humanity. Using documentary and bibliographic analysis, the main reasons that made plastic a villain for the marine environment are exposed, and a brief history of international legislation that deals with marine pollution is traced until the Montego Bay Convention, the basis of the Law of the Sea, which foresaw some level of international liability for damage to this space, but approaching traditional perspective of accountability and insufficient to the type of pollution caused by plastic. It then analyzed how Brazil has been making efforts to combat plastic waste in the national territory, focusing on the National Solid Waste Policy and the recent Plan for Combating Garbage at Sea. After, considering the recent and retrograde postures of the federal government when it comes to international commitments involving environmental preservation, the legal instruments already existing in international legislation, especially in UNCLOS, were analyzed in order to demand a positive conduct coming from Brazil in the fight against marine pollution by plastics, based on the idea that the ecologically balanced marine environment is also a human right and should be defended as jus cogens for international law, suggesting possible sanctions to be applied to Brazil by the international community if the country reiterates its conduct as a polluter of the marine environment. Finally, the importance of the thoughtful use of these are reprisals, always taking into account the democracy and diplomacy that should guide relations between nations.