A mediação como técnica adequada para tratamento de conflitos envolvendo o direito comercial marítimo no Brasil
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Data
2025-05-20
Autores
Silva, Flora Gaspar da
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Universidade Federal do Espírito Santo
Resumo
This research, conducted within the Master's Program in Procedural Law at UFES, investigates mediation as an appropriate method for resolving conflicts in Brazilian maritime commercial law. Maritime trade, vital to the global economy, handles billions of tons of cargo annually, generating numerous disputes that require swift and efficient solutions. In Brazil, however, judicialization and arbitration—costly and time-consuming methods—still predominate. The central issue is to understand how mediation is applied in this context, identify the most suitable disputes—such as chartering contracts and demurrage—and assess the impact of the Singapore Convention, which ensures the enforceability of transnational agreements, on its consolidation. The study is grounded in the premise that mediation is ideal for resolving cross-border commercial disputes but faces resistance due to a preference for traditional methods like litigation and arbitration. It is posited that the Convention may enhance its adoption by providing legal certainty. The general objective is to analyze the feasibility and challenges of mediation in the maritime sector, while specific objectives include characterizing maritime law, comparing conflict resolution methods, and exploring operators' perceptions through empirical research. The methodology integrates qualitative analysis, with bibliographic and normative reviews, and quantitative analysis, through a questionnaire (CAAE 78818624.9.0000.5542) using a Likert scale, applied to maritime law practitioners. The results, combining statistics and reflections, aim to identify mediable disputes, favorable factors, and obstacles, as well as evaluate the role of the Singapore Convention, signed by Brazil in 2021, in promoting mediation, thereby offering a framework for strengthening access to justice in the maritime sector. Ultimately, the research seeks to demonstrate that mediation, despite its promise of speed and preservation of commercial relationships, remains underutilized due to cultural, normative, and other barriers that will be examined.
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Direito comercial internacional , Convenção de Singapura , Direito internacional privado