Direito Econômico do Petróleo: Os Royalties do Pré-Sal e o STF

Abstract

The article analyses the regulatory innovations that came after pre-salt discovery, verifying also the public policies that will be implemented with the resources of the pre-salt and that shall change the socioeconomic reality of Brazil. The national remodeling depends on Supreme Court, which will judge the new distribution of pre salt royalties and can bring more equity among federal entities. It was used a theoretical and descriptive methodology, seeking to understand, from a legal-economic perspective, the pre-salt regulation. Moreover, it was used relevant literature of the topic, and an inductive method, because it is a topical issue without previously established understanding, essential to fill in the gaps of what was not studied and debated by society. Under this perspective it is of extreme need that we examine some fundamental points in the history of Brazilian’s government intervention in the national oil industry. The paper also puts in discussion the enormous advantage that “producers” states had in detriment “non-producers” states and how it can affect regional imbalances. Further, it will be analyzed the 12.734/2012 law, and verified that it respects constitutional principles such as efficiency, human dignity and poverty eradication, because it aims to promote a better equation from oil exploration. Last, but not least, it will be explained that Brazil stopped to do government policy and started to do state policy, and the reason for that was because the mandatory investments in education and health sector with the resources from pre-salt royalties will certainly contribute to actualize fundamental rights.