A explotação pesqueira dos grandes bagres migradores na Região Amazônica e a responsabilidade do estado por dano ambiental transfronteiriço

Abstract

The objective of this work is related to the possibility of attribute responsibility to the State that, owing to action or omission, gives rise to a damage or the danger of damage across the state’s borders generate by the depletion to the only stock of the sheat-fishes migrants, called “dourada” and “piramutaba”. Stands out the peculiarity of the fact that makes the discussion richer, which is the fact that the sheat-fishes migrants have a cycle of special life, as soon as, along an extensive habitat (Amazonas/Solimões River), they are born in the called Marajoara’ Gulf (Pará), they migrate above the river and, exceeding the territorial limits of our country, lay in the head of the Amazon, including in Colombian, Peruvian and Bolivian waters. Therefore, the proposal of this work went directed to study the case of the sheat-fishes migrants, as well as the study of legal arguments that substantiate the responsability of the State for the environmental damage caused by the overfisching stock of the sheat-fisches. Is important emphasize that in the field of the Environmental International Right, it has not entered in the terminological question of what it comes to be considered a “International right” or "overstate", and others, since the main objective of this dissertation is not focused to the conception of the assertion or to the classification (or reclassification) of the acts and standards to be presented as a basis for a responsibility wich involves sovereign nations; but establishes legal bases in the national and international legal sistems, able to justify the State’s responsabilities for the harmful consequences of their acts (and dangers) caused to the fishing environment.