Efeitos do Fenômeno El Niño sobre a Navegação nas Hidrovias do Arco Nortee os Impactos nos Contratos de Navegação Fluvial

This study analyzes the impacts of the El Niño phenomenon and climate change on the navigability of the Brazilian Northern Arc waterways and their effects on inland waterway and waterborne transport contracts. Based on technical reports, the historical drought of the Madeira River, and forecasts for the 2026–2027 El Niño cycle, the study examines operational constraints and their legal implications for contractual relationships, particularly regarding force majeure, fortuitous events, hardship, and supervening excessive burden. The increasing recurrence of extreme weather events highlights the need to improve contractual mechanisms for climate risk management and allocation, with a view to ensuring the continuity of logistics operations and legal certainty.