A mudança nos contratos de exploração e produção do pré-sal e seus impactos para a defesa

Abstract

The discovery of the pre-salt fields was accompanied by a change in the regulatory framework of the oil and gas sector. Of the traditional concession contracts used for high-risk exploration blocks, exploration and production activities are regulated by contracts for onerous assignment and production sharing for pre-salt fields. Although they are common in the international oil and gas sector, the adoption of onerous assignment and sharing models is recent in Brazil. Like all novelty and change in commercial relations, there is a concern with legal uncertainty, which led to the completion of this study with a focus on the subject. Particularly because the hydrocarbon market has specific characteristics, which have become accentuated by the subprime US crisis in 2008, which are: increased joint ventures and business integration, conglomerate growth and verticalization, technology transfer and exchange agreements technological innovation, smart devices and devices connected to the Internet, and the increasing virtualization of socio-commercial relations. The common practice of contracts for long periods, with large investments and great risk, has been increasingly replaced by medium / short term contracts. The pre-salt allowed this substitution, becoming important in this environment due to the low risk presented in its proven reserves, reducing legal uncertainty and stimulating new investments. Technical analyzes of consulting firms and regulatory agencies of the sector were used for this research along with the new national legislation and opinions of companies that publish scientific data and articles. This material was used in this study as a basis for the comparative analysis of the contractual models in order to discern which model (s) would be most aligned with the view of the Defense. No emphasis has been placed on the economic and political aspect of changes in the regulatory framework because they are not the object of the research. For this purpose, the objective was to differentiate contractual types and consider the history of the oil law. In addition to documentary and legal analysis, this research points to four indicators, in order to compare the three main contractual types in force in Brazil. In addition to documentary analysis, this research points to four indicators, in order to compare the three main contractual types in force in Brazil. This is because, on the contrary, the concession regime does not allow state interference, and sharing allows greater control on the part of the Union through the performance of five different agents where there were previously three. The pre-salt framework reinforced the regulatory role of the National Agency for Oil, Gas and Biofuels and increased the state's performance through other companies, such as the PPSA - which represents the Union as the manager of the distribution contracts -, the National Policy Council Energetic, the Energy Research Company and a greater performance of the Ministry of Mines and Energy. As demonstrated by the analysis of the indicators, from a defense perspective, the new modalities of offshore oil exploration, concludes that given these changes in relation to the state presence in the activities of the oil and gas sector, ensures that the Union is more present managing, regulating and accompanying the market through public and private agents.