BRAZIL Law and Practice Contributed by: Godofredo Mendes Vianna, Camila Mendes Vianna Cardoso and Lucas Leite Marques, Kincaid | Mendes Vianna Advogados
tory and specify the vessels exempted from the service; • establish the safety crew of vessels, giving the interested parties the right to appeal when in disagreement with the established comple - ment; • establish the equipment and accessories that must be approved for use on board vessels and platforms, and establish the requirements for homologation – ie, approval; • establish the minimum requirements for safety equipment and accessories for vessels and platforms; • establish the limits of interior navigation; • establish the requirements relating to safety and pollution prevention for vessels, plat - forms or support installations thereof; • define maritime and interior areas for the construction of temporary refuges where ves - sels can anchor or beach for performance of repairs; • execute surveys, either directly or through delegation to specialised entities; • support the Admiralty Court and the Special Navy Prosecutor’s Office regarding inquiries into navigational accidents or facts; • manage the Maritime Professional Education Development Fund; • organise and maintain the Maritime Profes - sional Education System; • exercise the functional supervision of the port captaincies and river captaincies, and their respective offices and agencies; and • maintain exchanges with public or private entities, both domestic and foreign, and represent the navy at gatherings related to matters under its responsibility. For example, port state control may stop vessels from sailing if there is any risk to navigation, life or the environment. It should also provide assis -
tance to the Port Authority and Environmental Agencies in environmental matters. Wreck removal is regulated by Federal Law No 7,542/1986, which grants the Brazilian maritime authorities, or any other authority with delegated powers, the power to order wreck removal by the responsible party if a wreck is deemed to be a danger or an obstacle to navigation, or to threaten damage to third parties or the environ - ment. Navy Ordinance NORMAM-10 also estab - lishes the requirements for obtaining a permit for a wreck removal. 1.3 Domestic Legislation Applicable to Ship Registration In Brazil, there are two types of registrations for vessels: the ownership registration and the Spe - cial Brazilian Registry (REB). Registration in the Brazilian Vessel Ownership Registry is manda - tory for all Brazilian vessels that have a gross tonnage of 100 or more employed in any kind of navigation. For vessels below this threshold of tonnage, the Ownership Registry is not handled by the Admiralty Court but by the port captaincy with jurisdiction over the vessel. Law No 7,652/88 is the main legislation applica - ble to ship registration in Brazil, together with the ordinances from the Admiralty Court. 1.4 Requirements for Ownership of Vessels The Brazilian registry is only available to Bra - zilian nationals and companies incorporated under Brazilian law. There is an exemption to this rule, related to the registration of yacht and leisure vessels, which could be registered under the Brazilian registry even if they are not owned by Brazilian citizens or Brazilian companies. Although it is not possible to register owner - ship over a hull, it is possible to register a vessel
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