Royalties marítimos do petróleo e sua distribuição no Brasil.

Abstract

The present work is the doctoral thesis presented as part of the requirements for obtaining a Doctoral Degree (PhD), in the Postgraduate Program in Law, at the Catholic University of Pernambuco. Through a text that intends to be clear and objective, the aim is to bring to light the issues that mark the debate on the main point of the distribution of oil royalties, with a focus on offshore production. The starting point was the following problem: how to justify, based on the concept of federalism, the distribution of royalties from offshore oil production in Brazil? At the other side trying to know in what extent the current legal regime for the distribution of royalties (Law 12.374/2012) could be impregnated with the defect of unconstitutionality. It was adopted as a working hypothesis the fact that the way to find a justification parameter for the distribution regime of royalties derived from offshore oil production in Brazil, of a compensatory nature, as provided for in article 20, paragraph 1 of the Brazil Constitution dated from 1988 and which ensures reaching the federative balance principle and the republican objectives, should go through the interpretation of this constitutional provision itself, complemented by the application of the guiding principles of the theory of distributive and intergenerational justice. The work discusses legal aspects related to offshore oil exploration, especially pointing the controversies that outcrops with the recent changes in Brazilian legislation that established the configuration of a new model for sharing royalties, which started to include all federative entities, states, and Municipalities, regardless of whether they are producers, confronting, affected or not, as defined by Law 12.734/2012. The unfolding of the Unconstitutionality Actions regarding Law 12,734/2012, proposed by the Southeastern States, to the Supreme Federal Court (STF), was analyzed to identify the argumentative aspects put into practice to substantiate the decisions already surfaced in about oil royalties. based on the law as a cultural element, envisioned from and through language. The adopted methodology was based on the qualitative plan and the theoretical-dogmatic field, with the help of the fundamentals of the economic analysis of law, the federative theme, the focus on bibliographic criticism and the analysis of jurisprudential contents of the Supreme Court to produce another look about the topic. The work turned to the analysis of a rational policy for dividing the economic results of oil exploration in the marine environment, focused, above all, on the foundations of cooperative federalism, on the finiteness of these resources, on the primacy of efficiency and on ideals aspects of distributive and intergenerational justice.