Judge Wilney Magno de Azevedo Silva had ordered, in September 2021, the removal of the ship that collided last night (14) with the Rio-Niterói bridge. The decision was made in the context of a lawsuit filed almost two years earlier by Companhia Docas do Rio de Janeiro against Navegação Mansur, responsible for the vessel.
At the time, there were already fears that the ship could break loose and drift. Both Companhia Docas and the Captaincy of Ports, linked to the Navy, pointed out in the process the existence of risks to navigation, pollution of the environment and human life.
Named São Luiz, the ship involved in the accident is an oil tanker flying the Bahamas flag. According to the Navy, a windstorm broke the moorings that had anchored the ship since 2016, leaving it adrift. After the collision with the Rio-Niterói bridge at around 6 pm, traffic was completely blocked by the Ecoponte concessionaire, but partially released about three hours later. This morning (15), the flow was completely normalized. Engineer assessments found that the damage was not structural.?? After the accident, the ship was rescued by three tugboats and, according to the Navy, will be docked at the port of Rio de Janeiro.
Linked to the National Secretariat of Ports and Waterway Transport of the Ministry of Infrastructure, Companhia Docas do Rio de Janeiro is the port authority responsible for managing the public ports located in the capital and in three other municipalities in the state: Itaguaí, Niterói and Angra dos Reis. In the lawsuit filed against Navegação Mansur, a debt of almost R$ 6.7 million was charged for the use of the port infrastructure. The São Luiz vessel itself is pointed out as a possible guarantee of the payment of these amounts.
According to Companhia Docas, the vessel was completely abandoned and in an advanced stage of deterioration, with the maritime safety equipment turned off, such as VHF radio, lighting and transponder. Furthermore, it was twisted by numerous 360-degree turns around its own axis. This situation, in addition to the advanced state of oxidation of the chains that held it to the bottom, carried the risk of the ship breaking free and drifting. As stated in the process, it stored 50 tons of fuel oil in its tanks.
In his assessment, the judge considered that the reports presented proved the allegations. “The ship in question poses a risk to navigation safety, potential water pollution and existing facilities in Guanabara Bay, as well as the Rio-Niterói Bridge,” he wrote.
Navegação Mansur was judged in absentia: although it was subpoenaed, it did not manifest itself in the process. The company was ordered to pay the debt and remove the vessel. “I also condemn the defendant to proceed with the removal, at her expense, of the ship NM São Luiz from the anchorage area where she is located, to a safe place of her choice, outside the area of the organized port”, registers the judgment of judge Wilney.
Authorization
In July 2019, the magistrate had already authorized Companhia Docas to remove the São Luiz vessel. She received approval to transport him to a safe location of her choice. Wilney made this decision in a preliminary analysis, after verifying, based on the communications between Companhia Docas and Navegação Mansur, that the company was not willing to withdraw its vessel.
In a note, Companhia Docas do Rio de Janeiro informed that the ship was anchored in area 2F06 and that, after verifying the movement of the vessel, it immediately activated tugboats to contain and tow the ship, the Port Authority for knowledge and appropriate measures, and the concessionaire Ecoponte to stop traffic on the Rio-Niterói bridge.
Yesterday (14), the Navy also released a note highlighting that the destination of the ship is subject to legal proceedings. According to the text, “the vessel remained anchored in a predefined location by the Maritime Authority, in Guanabara Bay, since February 2016, without posing risks to navigation”. In the same note, it was informed that an inquiry had been initiated to determine causes, circumstances and responsibilities.
