The fundamental duty of cooperation in maritime legal procedures possible subsidiary application of the brazilian civil procedure code regarding bad faith

Abstract

This research explores an individual’s necessity to act according to good faith and with respect to the fundamental responsibility of cooperation, as seen in articles 5 and 6 of the Brazilian Civil Procedural Code (CPC), respectively. Furthermore, article 15 structures its normative base; Law n. 9.537 regulates maritime traffic rules; and Decree n. 2.598 and NORMAM 07 does not address this theme. Nevertheless, this paper questions the possible subsidiary application of the CPC. Sequentially, this study examines the process in which maritime authority notices violations of the fundamental duty to cooperate in cases of misuse in statement of claims. In these cases, the challenges are inefficient in relation to questions relating to a part’s material responsibility; consequentially, they can only use innocuous and procrastinating arguments. In light of this phenomenon, the principle of good faith is not upheld, as it causes delays in administrative processes and reduces the efficiency of the administration. Additionally, these acts break the duty of solidarity, in such a way that other citizens are affected, as they do not have their cases judged in reasonable time. Thus, by extrapolating the use of the right to petition, which conducts are listed on Article 80 of CPC in relation to the administrative process, the maritime authority can impose penalties to the plaintiff. As a result, actions like these stated gives rise to the duty to repair damages and legal responsibility can reduce actions that embarrass the administration of the State.