THE FUNDAMENTAL DUTY FOR THE PROTECTION OF THE MARINE ENVIRONMENT AS A CONSEQUENCE OF MARITIME AND PORT BREACH/O DEVER FUNDAMENTAL DE PROTECAO DO MEIO AMBIENTE MARINHO COMO CONSEQUENCIA DA AVARIA MARITIMA E PORTUARIA

This articles aims to analyze one of the ways of destructions of the marine environment within the maritime spaces as a result of shipping and transport by sea both in national and international waters. Maritime and Port average as a factor of environmental pollution caused by human deeds. The Maritime and Port average , object of studies ofthis article, have to be analyzed based upon the article 225[section] 1. and 4. ofthe Brazilian Constitution and a theoretical basis in the studies of national authors like Eliana Otaviano, Carla Adriana Comitre Gibertoni and Clarissa Ferreira Macedo D' Iesp. Just like the corresponding national legislation as the Commercial Law, International Law as Year 2004) York-Antwerp Rules of 2004), asserting that the liability (fundamental torts) has to be shared with Estate, the business entity and the natural person that participate at the maritime endeavor of transportation and carriage of goods by sea.