Direito do Mar Territorial Completo – Lei 8617
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Direito do Mar Territorial Completo – Lei 8617

October 27, 2019


Law No. 8,617, of January 4, 1993. (See Decree No. 1,290 of 1994) (See Decree No. 2,840 of 1998) (See Decree No. 4,810 of 2003) (See Decree No. 4,983, 2004) (See Decree No. 8,400 of 2015) It disposes over the territorial sea, the contiguous zone,
the exclusive economic zone and the platform Brazilians, and other measures. THE PRESIDENT OF THE REPUBLIC
the National Congress decrees and I sanction the following law: CHAPTER I From the territorial sea Article 1 The Brazilian territorial sea comprises
a range of twelve nautical miles wide, measured from the low-water line of the
continental and island coast as indicated large-scale nautical charts recognized
officially in Brazil. Single paragraph. Where the coast
feature deep clipping and indentations or where there is a fringe of islands along
from the coast in its immediate vicinity will be adopted the straight baseline method,
connecting appropriate points to the trace baseline from which to measure
the extent of the territorial sea. Art. 2 The sovereignty of Brazil extends
territorial sea, overlying airspace, as well as to its bed and basement. Article 3 It is recognized to the ships of all
the nationalities the innocent right of way in the Brazilian territorial sea. § 1 The passage will be considered innocent
provided it is not detrimental to peace, good order or to the safety of Brazil, and shall
be continuous and fast. § 2. The innocent passage may comprise
stop and anchor it, but only to the extent where such procedures constitute incidents of
common navigation standards or imposed by reasons of force or serious difficulty,
or are intended to assist persons ships or aircraft in distress or difficulty
serious. Paragraph 3. Foreign ships in the territorial sea
shall be subject to the regulations established by the Brazilian Government. CHAPTER II From the Contiguous Zone Art. 4 The Brazilian contiguous zone comprises
a range extending from twelve to twenty and four nautical miles from
baselines that serve to measure the territorial sea width. Art. 5 In the contiguous zone, Brazil may
take the necessary surveillance measures for: I – Avoid infringements of laws and regulations
customs, tax, immigration or sanitary, in their territories or in their territorial sea; II – repress violations of laws and
in their territory or in their territory territorial sea. CHAPTER III From the Exclusive Economic Zone Art. 6 The exclusive Brazilian economic zone
comprises a range extending from the twelve two hundred nautical miles from
from the baselines that serve to measure the width of the territorial sea. Article 7 In the exclusive economic zone, Brazil
has sovereign rights for exploitation purposes and utilization, conservation and management
natural resources, living or non-living, of the waters overlying the seabed,
from the seabed and its subsoil, and where other activities with a view to the exploitation of
and the use of the zone for economic purposes. Article 8 In the exclusive economic zone, Brazil,
in the exercise of its jurisdiction, has the right regulate research
marine science, the protection and preservation the maritime environment as well as construction,
operation and use of all types of islands artificial plants, installations and structures. Single paragraph. Scientific research
in the exclusive economic zone can only be be conducted by other States with the consent of the
Brazilian Government, pursuant to existing legislation governing the matter. Article 9. The realization by other States,
in the exclusive economic zone, exercise or military maneuvers, in particular those that
involve the use of weapons or explosives, only may occur with the consent of the Government
Brazilian. Article 10. It is recognized to all States
the enjoyment in the exclusive economic zone of freedoms of navigation and overflying as well
as other sea uses internationally law relating to those freedoms,
such as those linked to the operation of ships and aircraft. CHAPTER IV From the Continental Shelf Art. 11. The continental shelf of Brazil
comprises the bed and basement of the areas underwater that extend beyond its sea
territorial extension, to the fullest extent of the from its terrestrial territory, until
the outer edge of the continental margin, or up to a distance of two hundred nautical miles
baselines from which measures the width of the territorial sea
where the outer edge of the continental margin do not reach this distance. Single paragraph. The outer edge of the platform
shall be fixed in accordance with the criteria established in art. 76 da
United Nations Convention on the Law of the Sea, celebrated in Montego Bay on 10
December 1982. Art. 12. Brazil exercises sovereign rights
on the continental shelf for the purposes of exploitation of natural resources. Single paragraph. The natural resources to
referred to in the caput are the mineral resources and other non-living seafloor and subsoil,
as well as living organisms belonging to sedentary species, that is, those
that during the capture period are immobile on or under the seabed or
can only move in constant physical contact with this bed or basement. Art. 13. On the continental shelf, Brazil,
in the exercise of its jurisdiction, has the right regulate research
marine science, the protection and preservation of the marine environment, as well as construction,
operation and use of all types of islands artificial plants, installations and structures. Paragraph 1. Marine scientific research,
on the continental shelf may only be conducted by other States with the consent of
Brazilian Government, pursuant to existing legislation governing the matter. Paragraph 2. The Brazilian Government has the right
authorize and regulate drilling on the continental shelf whatever
your ends. Article 14. It is recognized to all States
the right to place cables and ducts on the platform continental. Paragraph 1. The line tracing for placement
such cables and ducts on the continental shelf will depend on the consent of the Brazilian Government. Paragraph 2. The Brazilian Government may establish
conditions for laying the cables and ducts that penetrate its territory or its
territorial sea. Art. 15. This law shall enter into force on the date of
your publication. Art. 16. Decree-Law No. 1,098 is hereby repealed.
25 March 1970 and the other provisions otherwise.

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