Constitucionalização do Direito Marítimo e do Direito Portuário

Abstract

The article aims to write about the possibilities of the constitutionalization of the Brazilian´s Maritme Law and the Port Law, from the sectorial regulation of the shipping and ports, due to the lack of the proper service (previsibility, moderateness, punctuality and efficiency) to the shipper. This theme is justified by the need to balance the interests between the cargo (shipper), on one side, and the international shipping carrier and port operator, on the other side. The article is divided in two parts and deals with the hypothesis that the constitutional foundings increase the Constitution´s effectiveness of the proper service. Chapter 1 introduces the Maritime Law and the Port Law and the Chapter 2 deals with the constitutional foundings of the regulation. The final considerations conclude that the constitutionalism increase the effectiveness of the proper service, specially based on the  174, caput, of the Federal Constitution.