"BR do Mar" and the Employment of Brazilian Seafarers on Foreign Vessels

The approval of the "BR do Mar" legislation has created a more feasible scenario for cabotage navigation, establishing more flexible rules and conditions for cargo transportation between the country’s ports.

However, a central point of debate lies in Article 9, item II, of Law 14.301/2022, which stipulated that vessels chartered under the provisions of the bill would be required to have crews composed of at least two-thirds Brazilian nationals at each technical level of the officer corps, including both senior and junior officers, and in each area of activity.

The presidential veto of this provision has sparked significant debate regarding its potential impact on vessel operators and the domestic market itself, especially given the initial expectation of increased employment of Brazilian seafarers and a boost to the local maritime job market.

In light of these factors, the review of the presidential veto of Article 9, item II, is scheduled for March 8, 2022. In the justification for the veto, the Presidency of the Republic argued that, although well-intentioned, the provision contradicts the public interest. It claimed that mandating two-thirds Brazilian crew members would increase operational costs for vessels and reduce Brazil’s attractiveness as a destination for low-cost foreign vessels. According to the Presidency, such a restriction would discourage operations in the country, which in turn could lead to fewer jobs.

Another point raised in the veto justification is noteworthy: the Executive Branch gave preference to an administrative norm under its own authority and more easily amendable than a legislative provision—Normative Resolution No. 06 of December 1, 2017, issued by the National Immigration Council of the Ministry of Justice and Public Security—which already includes protection measures for Brazilian maritime professionals, albeit with less stringent requirements than those proposed in the BR do Mar bill.

Therefore, if the presidential position is upheld, the currently applied rules will remain unchanged. What remains important now is to await the outcome of the review of the presidential veto on this compelling issue.