Desenvolvimento e a indústria do petróleo: políticas públicas para o desenvolvimento sustentável a partir dos royalties do pré-sal

Abstract

In this thesis, we will analyze how the oil industry operates in the development. Therefore, we will use the concept of sustainable development, in order not to separate three elements: social development, economic growth and the respect for the environment. Based on this concept of development, we have adopted the public policies to guarantee citizens the right to the development and to the social and fundamental rights, as provided in the Federal Constitution. From this, we used the royalties from the exploitation of pre-salt layer as the financing of these policies, so, will be studied how the oil royalties can ensure the sustainable development, adopting as path, the public policies. Another important concept for this study is the intergenerational justice, which theme under consideration involves the pre-salt royalties, finite natural resource which must be used with awareness and respect for future generations. In this direction, the study is justified by the fact that the oil industry, in particular the pre-salt, generate enormous wealth for Brazil, and in contradiction, there are huge social and regional inequalities. With this in mind, we seek to use that wealth to minimize these inequalities and ensure better living conditions to all the population of the country, not just the population of the states where there are the oil. Also in this sense, we have adopted the principle of cooperative federalism. The Federal Law 9.478 / 97 deals with the purposes of national energy policy for the use of energy sources and has as one of its goals to promote national development. The objective of this research is to analyze how the oil royalties can contribute to the national development and to this goal, we will use the royalties from the pre-salt exploration. These policies are intended to improve the living conditions of the population as a whole and to minimize social inequalities at the national level, therefore, a strategic planning of public actions involving sustainable development and to abide by the people's needs is required, improving the quality of their lives. It also analyzes how the control of these policies should be done so that the resources intended for them to be applied fairly. Thus, we analyze that the population itself should be responsible for this, since it is the most interested For this to occur, we suggest changing the purely representative democracy with the implementation of participatory democracy. In other words, the civil society should get engage in the country's development process, which we call active citizenship, through direct participation in the preparation, implementation and monitoring of public policies and national development projects. For the construction and structuring of this study, we used the theoretical-deductive method of approach, from which a specific literature search was conducted. As a contribution to the study, an analysis was performed on theoretical research on the subject as well as the current legislation. It was observed, finally, the positioning of the upper courts on the theme.