Banca de QUALIFICAÇÃO: GUILHERME MARINHO DE ARAÚJO MENDES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : GUILHERME MARINHO DE ARAÚJO MENDES
DATE: 18/11/2020
TIME: 15:00
LOCAL: UFRN – PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO/ Videoconferência
TITLE:

THE SYSTEMATIC REVIEW OF THE LOCAL CONTENT POLICY IN THE PETROLEUM SECTOR FROM THE DEVELOPMENT AS A FUNDAMENTAL OBJECTIVE OF THE REPUBLIC CONTAINED IN THE 1988 FEDERAL CONSTITUTION

KEY WORDS:

Local content policy. Petroleum. Development. Constitution 

PAGES: 141
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present work aims to review the systematic of the local content policy in the oil sector from the perspective of development, mainly considering this phenomenon as a fundamental objective of the Republic in the Federal Constitution of 1988 (art. 3, II) and its legal implications . With the relaxation of the Union's monopoly on oil activities (EC 9/1995 and amendment of article 177 of the CF), the National Agency of Petroleum, Natural Gas and Biofuels - ANP was created to regulate the sector, through promulgation of the so-called 'Petroleum Law ”(Law 9.478 / 97). Among the sector's regulations, the local content policy was instituted through a contractual clause inserted in the oil contracts to guarantee the participation of the Brazilian industry in the supply of goods and services, defined in percentages that the operators were committed to comply with. Applied since 1999 (first bidding round), the policy aimed to promote the development of local suppliers, technological development, generate employment, income, qualified labor and economic and social spillovers, as well as making the local industry internationally competitive. Considered then a developmentalist policy, it has a legal basis in the Brazilian Constitution of 1988 with regard to development as a fundamental objective of the Republic and in the objectives of the “Petroleum Law” with regard to the preservation of the national interest, promotion of development and expansion of the market as well as expanding the country's competitiveness in the international market. The expression “guaranteeing national development” (art. 3, III) in the Federal Constitution, due to the lack of details on how this intent should be carried out, requires a process of interpretation and normative structuring to give density and concreteness, being a duty the State to act to achieve this objective. It is in this sense that it is questioned whether the local content policy promotes the development sought by the Constitution. There is an entire administrative machine (direct and indirect administration) specific to regulate the sector, with the ANP standing out for the institution of the PCL and its controversy regarding the possible violation of the principle of legality when creating obligations and punishments. However, there are bills that intend to regulate the matter in progress in the houses of the Legislative. Despite the application having generated benefits to the national industry, problems were identified in the PCL system, especially in TCU's technical audit and in the exposure of data in recent years, asking if the initial development objective is being met or if there is only market reserve. For these reasons, it proposed a review of the system for regulatory adjustments. The work used the hypothetical-deductive method, gathering the main norms related to the theme (which are scattered), documentary research, data collection and bibliography for theoretical support. It is concluded that the current model based on obligations and punishments is inefficient, and should have regulatory improvements, with periodic review of protection levels, defined goals, monitoring to know objectively the reality of the sector, prioritize certain strategic sectors, focus on international competition and transact to a model more focused on stimulus and preemptive rights.

BANKING MEMBERS:
Presidente - 1254860 - FABRICIO GERMANO ALVES
Interna - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Interno - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER