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Article
The sanitary inspection of vessels in brazilian Waters: notes about the (in)effectiveness of Precedent 50 of the AGU
Brazilian Journal of International Law (2016)
  • Joedson Delgado, University Center of Brasília – UniCEUB
Abstract
We present in this article the issue concerning sanitary infractions undertook on board by foreign or domestic vessels that stop in Brazilian ports and the need to set up a suitable solution to repair the gap introduced by the General Union Attorney Precedent’s nº 50 of 13 august 2010. On one hand, we point out the administrative solution adopted by the General Union Attorney to reduce litigation and ensure legal security in applying the norm to society in light of the state responsibility and accountability in avoiding healthy risks to the population. On the other hand, we suggest the upgrade of Law 6,437/1977 that is related to violations to federal healthy legislation in order that the text effectively assures the responsibility of the shipping agent in case of non-compliance with healthy standards and, in the meantime sine lege, that the National Sanitary Surveillance Agency adopts the strategy of response to this issue following the model employed by the French maritime coordinated practice in controlling the way to deal with foreign vessels that stop in European, Canadian and Russian ports.
Keywords
  • Sanitary infraction,
  • Precedent,
  • General Union Attorney,
  • Health risk,
  • Maritime agent
Publication Date
Spring June 11, 2016
DOI
http://dx.doi.org/10.5102/rdi.v12i1.3358
Citation Information
Joedson Delgado. "The sanitary inspection of vessels in brazilian Waters: notes about the (in)effectiveness of Precedent 50 of the AGU" Brazilian Journal of International Law Vol. 12 Iss. 1 (2016) p. 251 - 262
Available at: http://works.bepress.com/joedson-delgado/3/