TECHNICAL PROOF IN THE ADMINISTRATIVE INQUIRY ON ACCIDENTS AND FACTS OF NAVIGATION

Abstract

It was sought through doctrinal, jurisprudential and empirical research, to determine the legal nature of the technical examination conducted during the Accident Survey and Facts of Navigation. In addition, it was identified who performs such examinations and if there would be influence of the professional formation for the effective use of these exams in the decisions of the Maritime Court. It is concluded that the technical exams are really a medium of expert evidence and not merely an informative element, and it should be necessary the performance of specialized professionals. However, this demand was not observed in the analyzed processes. Such deficiency may be reflected in a lack of technical-scientific evidence, preventing an effective resolution of the dispute, as was observed in some of the judgments analyzed.

Keywords

• direito marítimo
• evidência
• perícia