Banca de DEFESA: SÂNZIA MIRELLY DA COSTA GUEDES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : SÂNZIA MIRELLY DA COSTA GUEDES
DATA : 19/06/2017
HORA: 09:00
LOCAL: UFRN - NEPSA II - AUDITÓRIO III
TÍTULO:

FREE COMPETITION AND THE NEW REGULATORY FRAMEWORK OF THE BRAZILIAN PETROLEUM INDUSTRY: ANALYSIS OF THE UPSTREAM SEGMENT

PALAVRAS-CHAVES:

 Free Competition; Petroleum Law; Upstream

PÁGINAS: 157
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The present research demonstrate how competition behaves between the economic agents which exert the exploration and production of petroleum, with special attention to the Law number 9478/97, which regulated the mitigation of the Union monopoly, according to the art. 177, §§ 1º e 2º, of 1988 Federal Constitution and the Law number 12.351/2010, which amended regulatory mark, after the "Pré-Sal" discovery. Points to the evolution of competition law among the constitutional and infra-constitutional norms, highlighting the trend followed by such rules. Compares the orientation of antitrust law which in general guides the economic activities with the competitive historical record of the regulatory marks in the oil industry, especially, the upstream sector. Examines the relationship between the Economic Order in the Federal Constitution of 1988 and the exploration and production of oil, introducing key concepts for the development of the work. Discusses the possibility of ponder constitutional principles in the case of their collision under some concrete cases. Analyzes the importance of free competition in the upstream oil industry, based on the regulatory mark, characterizing the competitive situation between economic agents in face of the Law number 9478/97. Advances ascertaining the competitive changes in the concerned sector with Law number 12351/2010, arguing that there was a greater mitigation against the fragile principle of free competition in the sector. Examines the privileges granted to Petrobras by the new post "Pré-sal" regulatory mark, emphasizing the mitigation of the constitutional principle of equality. Explores and defines the public interest in this sector, determining if that interest justifies the mitigation of principles already cited. Explains the fluid concept of efficiency, highlighting it as a springboard for the interaction between the threefold "free competition-equality-public interest". Underlines the Law and Economics as a field of knowledge that can help in the verification that Law number 12351/2010 doesn't provide an environment that enforces efficiencies in the sector.

MEMBROS DA BANCA:
Externo à Instituição - LUIZ FELIPE MONTEIRO SEIXAS - UFERSA
Interno - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Presidente - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER