The promising oil province of the pre-salt

The national challenge since the discovery of the promising oil province of the pre-salt is to establish parameters to guide sustainable development, with respect to the environment and local populations. In general, the problems of oil-abundant countries arise from the difficulty in managing incomes from the oil production. In this context, this study considers the application of royalties in the brazilian coastal zone necessary and legitimate. Through an argumentative approach, the concentration of oil activity on the coast, the legal nature of royalties, and the legislative framework regarding the division of the resource were analyzed in order to contribute to the debate about the institutional rearrangement of the matter. It could be concluded that the equal division of oil resources is legitimate only after removal of the portion relating to mitigation of impacts. Otherwise, such partition would violate the principles of equality and polluter payer.

Petroleum; Equitable Distribution; Coastal Zone; Pre-Salt

Fundação Getulio Vargas, Escola de Direito de São Paulo Rua Rocha, 233, 11º andar, 01330-000 São Paulo/SP Brasil, Tel.: (55 11) 3799 2172 - São Paulo - SP - Brazil