COMPARATIVE STUDY OF THE CIVIL RESPONSIBILITY OF THE SHIP'S COMMANDER AND PILOT IN RESTRICTED WATER NAVIGATION

Abstract

This scientific article aimed to compare the civil liability of the ship's commander and the practical one based on the doctrines, laws, jurisprudence of the Maritime Court and international treaties to which Brazil is a signatory. As well as understand how is established the civil liability of the commander and the practitioner in cases of facts and accidents of navigation. It is also part of the objective to understand how it is applied to civil liability measures of how the Maritime Court operates when the gaps left by Brazilian law. Several authors with different points of view and case law showing points of application of liability in each specific case were used to understand and conclude the best way to solve the main problem. Initially the concepts, functions and duties of the commander and the practitioner were explained separately and the legal framework for the application of civil liability by the Maritime Court. Within the methodology was made a bibliographical analysis, comparative descriptive character, based on materials published in books, articles, electronic networks and academic papers already published and documentary research. The outcome of this scientific article confirms that the Brazilian legislation leaves some gaps regarding the civil liability of the practical against the commander, being the Maritime Court to take care of the processes that deal with the facts and accidents of navigation.