Os contratos de apoio marítimo no Brasil e as limitações da resolução normativa nº 01/2015 da ANTAQ

Abstract

Maritime support contracts of affreightment with Petrobras in Brazil are predominan-tly governed by Law 13.303/2016. In the pre-contractual phase, Brazilian shipping companies undertake costly projects to supply vessels for operations in Brazilian ma-ritime waters, supporting oil exploration and production. However, contract initiation occurs through standard drafts, leading to various vulnerabilities between the enga-ged parties. Amending clauses and renegotiating contractual terms is a complex and challenging task, with limited deductive guidance available in legislation, doctrine, or official Brazilian government documents, which this article seeks to address. Normative Resolution 01/2015, a critical regulatory instrument of ANTAQ concerning maritime support, requires adaptation to accommodate the needs of private compa-nies, as it lacks provisions for the contractual formation process with Petrobras. The absence of specific guidelines related to contractual formation for chartering maritime support vessels results in an uneven relationship between the parties involved. The-refore, the primary objective of this investigation is to examine the regulatory gaps in the contractual formation process and highlight the necessity for improvements in the implementation of ANTAQ’s public policies within the relevant sector.