STATUTE OF LIMITATIONS IN THE MARITIME COURT

Abstract

This study has endeavoured to elucidate the needs of addressing a legislative gap concerning the constitution of negative prescription in the Maritime Tribunal. The organic law governing this Court – through comings and goings – culminated in introducing the notion of imprescriptibility, which ultimately stands in direct opposition to the Federal Constitution of 1988 and, in this regard, is not upheld by it. A teleological interpretation was considered, seeking to infer the legislative intent of establishing an interruption of time limit, although not discussing the time itself. Nevertheless, such gap would persist, due to the existence of an interruption related to an unknown or indeterminate time. This constitutes the very core of the issue. The research adopted a systemic-dialectical methodology, employing the applicable procedural legislation in conjunction with specialized legal doctrine. Ultimately, at the end of the line, the study has advocated for the establishment of clear legal limiting parameters, through an appropriate resolution, so that, by filling the normative gap, the Maritime Tribunal may provide its jurisdictional parties with a well-defined prescription time and the circumstances under which interruption of such time may occur within maritime proceedings under its jurisdiction