In August, 2014, the bulk carrier Adamastos, built in 1995, sailing under the Liberian flag was loaded at the Port of Rio Grande do Sul with 50 thousand tons of soybeans, however, upon departing the terminal the bulk carrier ended up running aground. Tugboats were hired which took the bulk carrier from the fairway to an area located 12 kilometers from the entrance of the port.
In light of the serious situation, the Federal Government filed the Public-Interest Civil Action no. 5007461-35.2014.404.7101/RS against the owner of the ship, the exporter company, and other involved parties whereby requested, on interlocutory relief, that the defendants (i) hire a new crewmembers team to operate the Adamastos bulk carrier for at least the minimum required by the maritime legislation for this type of vessel, (ii) repair the Adamastos mechanical section in order to reinstate the bulk carrier ´s normal sailing conditions, (iii) immediately thereafter determine a final destination for the soybean cargo to any domestic or international port of their choice, provided that these ports have technical conditions to perform the operation.
The judge of the 1st Federal Court of the State of Rio Grande do Sul upon judging the preliminary injunction request understood that this court lacked jurisdiction over the case, given that the crewmembers´ case was already being discussed in a proceedings at the labor court.
Discontented with the decision, the Federal Government referred the matter to the Regional Court of the 4th Region (TRF4) by means of an interlocutory appeal, since still alleges that due to the public-interest civil action filed before the Labour Court, the disembarkation and repatriation of the bulk carrier´s crew was determined, a circumstance that would entail the respective inoperability and put the navigation in the region at risk including the environment.
The request was judged during a courthouse vacation, having the request been granted so that the appellee companies jointly provide the necessary minimum number of crewmembers authorized by law for the ship´s operationality, affording them appropriate working conditions, as well as take the necessary measures to make the repairs indicated in the survey conducted by the Navy authorities, so that the vessel be in normal seaworthy condition, as well as take, at the earliest opportunity, the appropriate measures for destination of the soybean cargo contained in the ships´ holds.
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