Resolução CONAMA 398: a (des) necessidade de inclusão do Operador Portuário no rol do seu art. 1º.

Abstract

This conclusion paper has as its central theme the issue of Resolution Conama 398 and the need for application to Port Operators. The main objective of the study is to analyze the social and technical-legal repercussions of not including the agent in the list of article 1 of the aforementioned resolution, highlighting MARPOL, which is the international convention that deals with the prevention of the maritime environment caused by ships, the national rules that have internalized such a treaty, the Port Operators as well as the activities developed by it, as they pose a risk to the maritime environment and some oil spill accidents that they have caused. To this end, this work has as exploratory descriptive, bibliographical, explanatory and documentary research. From this, it was found that there are international measures to act in cases of oil spill accidents, measures internalized in the Brazilian system through Law No. 9966/2000 and CONAMA 398; The Port Operator is responsible for the cargo handling activity carried out in the ports, and for this purpose, it uses equipment with risk of oil leakage at sea and that the CONAMA Resolution 398 in its wording of article 1 ties the PEI's obligation to the location of the project. and not to the location of the activity's performance, therefore not including the Port Operator.