Revisão da política de conteúdo local no setor do petróleo na perspectiva do desenvolvimento nacional
The present work aims to review the systematic of the local content policy (LCP) in the oil sector from the perspective of national development, mainly considering this phenomenon as a fundamental objective of the Republic in the Federal Constitution of 1988 (art. 3, III) and its legal implicatio...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/31718 |
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| Resumo: | The present work aims to review the systematic of the local content policy (LCP) in the oil
sector from the perspective of national development, mainly considering this phenomenon as a
fundamental objective of the Republic in the Federal Constitution of 1988 (art. 3, III) and its
legal implications . With the relaxation of the Union's monopoly on oil activities (EC No.
9/1995 and amendment of article 177 of the CRFB), the National Agency of Petroleum, Natural
Gas and Biofuels - ANP was created to regulate the sector, through promulgation of the socalled 'Petroleum Law ”(Law No. 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 1988 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 LCP 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. |
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