Análise prático-teórica da natureza jurídica e da formação do contrato de fretamento de navios mercantes por viagem : os impactos da insegurança jurídica no custo Brasil

Abstract

The maritime modal is the most used in the world for the operationalization of commerce, being responsible for the transportation of 85% of all the cargo commercialized. In Brazil, this modality corresponds to approximately 90% of cargo exports. The voyage charter party is one of the main contracts used for the export of large quantities of solid bulk, especially in regular shipping lines, known as liner, and it is the most common way of perceiving this contract in the maritime practice. The voyage charter party is not limited to transport goods in regular shipping lines, it can be used for non-regular line navigation, known as tramp, and for maritime support and heavylifts (ultra-heavy loaders ships). The Brazilian maritime doctrine always diverged on the legal nature of the voyage charter, classifying it in several ways, being usually equated as a contract of carriage of goods by sea and given the nature of carriage. The international doctrine also diverges on the subject, so the comparative analysis contributes to the solidity of the concept developed in this dissertation. The lack of consensus and incomplete analysis of this institute has legal-economic repercussions for the maritime sector, which represents a crucial point for the maintenance of the Brazilian economy. Thus, the research problem of this dissertation is: How is the legal nature of voyage charter party in Brazil juridical system classified and how does this classification legally and economically impact the Brazilian market? Thus, this dissertation aims to build a solid concept of the legal nature of voyage charter party in Brazil, demonstrating how the formation of this contract is made, with a focus on giving more legal certainty to the topic and reducing the right-cost as a significant factor of ¿custo Brasil¿, allowing greater investments in the domestic market. The applied methodology will be deductive and the sources of research will be bibliographical and documentary.