As cláusulas de conteúdo local e o desenvolvimento: análise do princípio constitucional da redução das desigualdades sociais e regionais com enfoque na indústria do petróleo e gás natural brasileira

Abstract

Regarding economics, the adoption of protectionist measures consists on a theme that always arouses interest and raises polemics, especially by the notable range of state regulation in the free market's ambit, in view of the direction of state power and duty to manage the intervention of public interest in the construction of the development process. In the face of the importance of the competitive freedom's control study within the Brazilian Oil Industry, Natural Gas and Biofuels, this study centers its attention on evaluation of Local Content Policy economic efficiency adopted by Brazil in this area and its contribution in the country's development process. The theme's relevance presents through the scientific and practical importance of research concerning the requirement of local procurement of goods and services' reflects by represented companies of Exploration and Production of oil and natural gas' activities in Brazil. It is intended to study in this legal-economic approach, if its freedom market's mitigation from the insertion of Local Content Clauses contributes positively to the Brazilian development construction. In this context, the regulatory model adopted by the State becomes a fundamental tool concerning to the interests of investors' attractiveness in the country, used like reference for verification of potential competition from the country's agents. Therefore, in compass with this research's proposal, discusses with the theme in light of theoretical and practical senses, in order to promote, focused on oil and gas sector, an analysis about the impact of the Local Clauses Content's insertion in the market scenario what demands more freedom on the action of economic agents at local and global level. For the present work have been used hypothetical-deductive as methods and systemic functionalist as approach, while the indirect documentation is applied within bibliographical and documentary research. Once undertaken the proposed analysis, according the applied methods, it concludes that the competitivity elevation of the Brazilian hydrocarbons industry, essential to the development process conclusion, can only be done by inserting innovation in this dynamic focus. Likewise, the effectiveness of the country's Local Content Policy, although significantly contribute to the strengthening of national production chain, has to constitute a temporary measure and receive rearrangement in order to separate anti-competitive barriers and minimize production costs.