Legalidade, sustentabilidade e desenvolvimento econômico: um estudo de caso sobre a suspensão da 12ª rodada de licitações da agência nacional de petróleo, gás natural e biocombustíveis

Abstract

The Brazilian Constitution of 1988 establishes the federal monopoly for the prospecting and mining of petroleum, natural gas, and other fluid hydrocarbons deposits, which was subsequently relaxed by Constitutional Amendment, allowing private concessionaires to emerge in the economic scenario, within a policy of encouraging competition. The Petroleum National Agency - ANP, performing the national policy for the sector, has as its purpose to promote bids and sign contracts on behalf of the Union for exploration, development and production of the oil and natural gas, therefore has promoted bidding rounds to grant exploration blocks located in different sedimentary basins. The 12th Round, in which it was established that the exploration and production of oil and natural gas would be conducted in conventional petroleum systems and unconventional resources, and also were made available blocks with overlapped areas with environmental restrictions, was partially suspended due to preliminaries decisions issued as a result of civil suits filed by the Prosecution Office of the States of Paraná, Bahia and São Paulo, whose courts glimpsed the occurrence of damage to the principles of Legality and Sustainable Development.