to pursue criminal charges for offenses taking place in the EEZ—even if the offenses
are related to the sovereign rights to explore and exploit natural resources in the
region. The case was sent to the Rio state court, which rejected the criminal action in
2013, deciding that the incident had occurred outside Brazilian criminal jurisdiction.
127 The case was returned to the federal justice and the imbroglio was finally
settled, with Chevron being cleared by the 2nd Regional Federal Court. Despite
pungent evidence, the Judges found that not one fish died due to the leak and
acquitted the company and the persons involved in it.
The challenge for the Brazilian authorities remains, which is to lawfully assert
criminal and civil jurisdiction over activities taking place on the continental shelf
past 12 nm. National scholars have called for reforms of the regulatory system,
128
claiming that “sooner or later, the National Congress will have to create – or adapt –
the regulatory framework for the exploration and production of oil in the extended
continental shelf, whose regulation should be later structured by the ANP”.
129
Comparatively, for instance,
Australia may only exercise jurisdiction over its exclusive economic zone and continental
shelf for purposes relating to economic exploitation and environmental protection. This does
not extend to criminal matters. [. . .] Should Australia wish to exercise jurisdiction over an
alleged crime occurring within its contiguous zone, exclusive economic zone, continental
shelf or on the high seas, it can only do so under certain circumstances. Such an exercise of
jurisdiction is called extra-territorial jurisdiction. Extra-territorial jurisdiction is provided in
general international law and is beyond the scope of UNCLOS (emphasis added).
130
Regarding prevention, reduction and control of marine pollution from oil and gas
activities, one should also mention the Brazilian Policy for the Conservation of the
Marine Biome (PNCMar), which embraces marine spatial planning as its main
instrument both on the national and regional levels. According to the proposed
Policy, marine planning shall contain measures to monitor, evaluate and control
the environmental quality of marine ecosystems and resources, in light of the risk
inherent to some activities and their potential negative impacts, such as oil spills.
131
It is noteworthy, thus, that the Brazilian national legal system, in compliance with
the demands of the international communities and the environmental law treaties,
was equipped with a series of environmental liability measures for the direct and
indirect polluter of biota. This book scrutinizes just a few of the several domestic
statutes and provisions regarding the prevention, reduction and control of pollution
from oil and gas activities on the continental shelf. Those norms included the Federal
Constitution, the Civil Code, the National Environmental Policy, the National
127 Id. 247.
128 Id. 248.
129 Silva (2015), p. 243.
130 Jurisdiction at sea: international law and domestic law. Inquiry into the arrangements surrounding crimes committed at sea. Australian Parliament, Report of the Standing Committee on Social
Policy and Legal Affairs, 24 June 2013, chapter 3, 27.
131 Art. 7 (2) IV, PNCMar Bill.
338
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...
are related to the sovereign rights to explore and exploit natural resources in the
region. The case was sent to the Rio state court, which rejected the criminal action in
2013, deciding that the incident had occurred outside Brazilian criminal jurisdiction.
127 The case was returned to the federal justice and the imbroglio was finally
settled, with Chevron being cleared by the 2nd Regional Federal Court. Despite
pungent evidence, the Judges found that not one fish died due to the leak and
acquitted the company and the persons involved in it.
The challenge for the Brazilian authorities remains, which is to lawfully assert
criminal and civil jurisdiction over activities taking place on the continental shelf
past 12 nm. National scholars have called for reforms of the regulatory system,
128
claiming that “sooner or later, the National Congress will have to create – or adapt –
the regulatory framework for the exploration and production of oil in the extended
continental shelf, whose regulation should be later structured by the ANP”.
129
Comparatively, for instance,
Australia may only exercise jurisdiction over its exclusive economic zone and continental
shelf for purposes relating to economic exploitation and environmental protection. This does
not extend to criminal matters. [. . .] Should Australia wish to exercise jurisdiction over an
alleged crime occurring within its contiguous zone, exclusive economic zone, continental
shelf or on the high seas, it can only do so under certain circumstances. Such an exercise of
jurisdiction is called extra-territorial jurisdiction. Extra-territorial jurisdiction is provided in
general international law and is beyond the scope of UNCLOS (emphasis added).
130
Regarding prevention, reduction and control of marine pollution from oil and gas
activities, one should also mention the Brazilian Policy for the Conservation of the
Marine Biome (PNCMar), which embraces marine spatial planning as its main
instrument both on the national and regional levels. According to the proposed
Policy, marine planning shall contain measures to monitor, evaluate and control
the environmental quality of marine ecosystems and resources, in light of the risk
inherent to some activities and their potential negative impacts, such as oil spills.
131
It is noteworthy, thus, that the Brazilian national legal system, in compliance with
the demands of the international communities and the environmental law treaties,
was equipped with a series of environmental liability measures for the direct and
indirect polluter of biota. This book scrutinizes just a few of the several domestic
statutes and provisions regarding the prevention, reduction and control of pollution
from oil and gas activities on the continental shelf. Those norms included the Federal
Constitution, the Civil Code, the National Environmental Policy, the National
127 Id. 247.
128 Id. 248.
129 Silva (2015), p. 243.
130 Jurisdiction at sea: international law and domestic law. Inquiry into the arrangements surrounding crimes committed at sea. Australian Parliament, Report of the Standing Committee on Social
Policy and Legal Affairs, 24 June 2013, chapter 3, 27.
131 Art. 7 (2) IV, PNCMar Bill.
338
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...