Banca de QUALIFICAÇÃO: LUIZ AUGUSTO MELO E SOUZA MODESTO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : LUIZ AUGUSTO MELO E SOUZA MODESTO
DATA : 25/11/2016
HORA: 11:00
LOCAL: UFRN – NEPSA II
TÍTULO:

THE DIRECT CONTRACTING OF PETROBRAS IN PRE-SAL: Implications for free competition and for the economic development of the sector under the bias of the constitutional principles of Public Administration and the bidding.

PALAVRAS-CHAVES:

Pre-salt, direct contracting, Petrobras, free competition.

PÁGINAS: 110
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

The discovery of oil in the Pre-salt layer in Brazil and the subsequent confirmation of

the technical and economic viability of its exploration started several discussions in

the political scope about the need to regulate the exploration and the destination of

the resources coming from. By constitutional provision, mineral resources found

underground are owned by the Union. In addition, the Constitution provides that the

right to develop research and economic exploitation of these resources is monopoly

exclusive to the Union. However, it is permitted To the Union to contract with state or

private companies to carry out the research and the mining of oil deposits. In this

context, Federal Law 12,351 of December 22, 2010 (Pre-salt Law) was enacted,

which established the normative targets for the exploration and production of oil,

natural gas and other hydrocarbons in the Pre-salt Under the system of production

sharing. The Pre-salt Law brought the possibility of contracting Petrobras directly by

the Federal Government, without a bidding procedure. This form of contracting is an

exception to the constitutional rule of mandatory bidding procedure. This is because

it should only be put into practice in cases where the CNPE identifies that direct

contracting will be beneficial to the preservation of the national interest and to

meeting the other energy policy objectives. This new system has brought to the fore

some discussion about its compatibility with the constitutional principles of public

administration and bidding, as well as the impacts that could be the cause of free

competition and the economic development of the sector. Thus, the present work has

the scope to analyze if the direct contracting of Petrobrás in the Pre-salt is in line with

the constitutional principles pertaining to Public Administration in Brazil, foreseen in

art. 37, caput, of the Federal Constitution, with the principle of mandatory bidding,

contained in art. 37, item XXI, of the Magna Carta, and with the guiding principles of

the bids, contained in art. 3, Federal Law 8,666, dated June 21, 1993. The present

study also intends to evaluate whether the Petrobrás direct contracting institute to

operate in the pre-salt oil reserves may have an impact on the sector's competition,

Light of the principle of free competition, set forth in art. 170, IV, of the Federal

Constitution, with emphasis on the possible weakening of the pace of investments

and the development of the pre-salt oil industry. Under this approach, it is intended,

in short, to verify the impacts that the direct contracting of Petrobras may cause to

the sector, especially with regard to the development of free competition, under the

bias of the constitutional principles pertaining to the Public Administration and the

bidding. Finally, solutions will be indicated for the problem studied, so as to avoid the

realization of the serious damage that the institute of direct contracting may cause to

the pre-salt sector, to the state enterprise, as well as to all the economic agents

involved, to the State And the economy of the country, due to the mitigation of

competition in the sector.

MEMBROS DA BANCA:
Externo ao Programa - 2254860 - FABRICIO GERMANO ALVES
Presidente - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Interno - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER