Os limites constitucionais ao exercício de direito de patente e seus reflexos na indústria do petróleo, gás natural e biocombustíveis

This dissertation deals with the constitutional limits on the exercise of patent rights and its effects on the oil, natural gas and biofuels. Held with the support of ANP / PETROBRAS, It seeks to show how the law will limit the exercise of industrial property, based on a reinterpretation of private law by the constitutional development perspective . Today it is a fact that Petrobras, a Brazilian joint venture, has the latest technology in various sectors of the oil industry, and is one of the highest investments in developing new technologies. The overall objective of this thesis is to establish the relationship between the public interest of the Petroleum Industry, Natural Gas and Biofuels and constitutional limits to the free exercise of patent rights, then confirm or refute our hypothesis that Article 71 on Industrial Property Law is contrary to the existing objectives in Article 3 of the Constitution of the Federative Republic of Brazil. The research aims to examine the relevant aspects of the legal nature attributed to IPGN constitutionally confronting the constitutional limits on the free exercise of patent rights, with the purpose to outline the state of the performance limits in the regulation of the economy, in particular the application of feasibility limitations on the right of property in favor of national interest on the strategic energy industry. The aim is to confront the fundamental rights to property and economic development, against the public interest, limiting these first. As to the objectives, the research will be theoretical and descriptive and harvest of industrial property, respect the possible impact of regulatory standards and limiting the right of ownership in the oil industry. To establish how the state will mitigate the intellectual property right, we discuss, at first, a definition of public interest from the general theory of state and sovereign character in order to establish a new concept of national interest and popular interest, which will in turn the definition of our concept of public interest. In the second phase, will be addressed the issue of industrial property rights and how to will be free exercise thereof, in the constitutional sphere, infra, and demonstrating the use of industrial property rights with examples of market and IPGN . After situating the industrial property rights in the constitution and national legislation, establish their relationship with the national and regional development, will be addressed in this chapter in particular the patent law, as most usual form of intellectual property protection in IPGN. Used a study highlighting the number of patents in the area of the analyzed industry, demonstrating with hard data the importance of a sector for industrial development. The relationship between the social function of intellectual property and the constitutional objective of development was characterized to demonstrate the strategic nature of oil to Brazil in the national and international scene, and put into question the hypothesis of the research which provides that even with large investments the lack of legal certainty in the sector turns out not to have a considerable volume of investment as it could.

Efeitos de fungicidas alternativos em folhas de Carthamus tinctorius L. (Asteraceae), potencial espécie para cultivo em agricultura familiar

The currently main development model on global society is driven by an economic rationality that endangers the environment and social justice. More and more, attention to this way of production and consumption is increasing, boosting research for sustainable development, with an environmental rationality that can harmonize nature preservation and welfare of all socioeconomic classes. One of the efforts on this sense is changing the sources supplying the energy demand, replacing fossil fuels for renewable and cleaner sources, such as biofuels. Carthamus tinctorius (safflower) is an oilseed crop with potential for biodiesel production, with good oil yield and chemical profile, allied to good adaptation to climates such like the northeastern semiarid lands of Brazil. With public policies fomentation, the use of this species may be an interesting alternative for family farming. In farming in general, the use of pesticides to prevent and combat diseases and plagues is common, which is not a sustainable practice. Thus, there are researched alternative, less dangerous substances. In this study, it was aimed to assess if neem (Azadirachta indica) leaf extract (20% m/v) and Bordeaux mixture (copper sulfate) have effects on safflower. It was also aimed to verify acceptance of farmers on safflower crop in Apodi, a municipality in Rio Grande do Norte state, Brazil, in view of it being localized in the aimed region for this crop cultivation. Besides that, understanding that the farmers’ knowledge and inclination to adopt the crop is fundamental for the introduction of this species and socioeconomic growth due to its exploration. In addition, a booklet with basic information on safflower was produced. In the field experiment, the fungicides were pulverized on plants cultivated in field experimental plots, with collection of leaf samples for analysis on anatomy, cuticle, and epicuticular wax morphology, the protective layer that interfaces with the surrounding ambient. In Apodi, forty-five farmers from Potiguar Cooperative of Apiculture and Sustainable Rural Development (COOPAPI) underwent semi-structured interviews, which also addressed their assessment on currently cultivated crops and perception of pesticide uses and sustainable alternatives. After comparing using analysis of variance, it was found that there was no difference between treatments in the experiment, as well as no anatomical or morphological modifications. Safflower acceptation among farmers was wide, with 84% of interviewees believing in a perspective of good incomes. The current scenario, comprised of low crop diversity, fragile in face of droughts and plagues, can partially explain this opinion. The booklet was effective in catching people attention for the species potential. There was wide acknowledgement on the importance of alternative pesticides, justified by health security. Based on the assessed parameter in the results of this research, the treatments here utilized may be recommended as fungicides for safflower. Given the crop susceptibility to fungi in heavy rainy period, it is advised that its potential introduction on the region shall be focused on semiarid areas.

Consórcio de cártamo e feijão caupi: alternativa para a produção de biodiesel na agricultura familiar

The new development strategies should operate mainly in the areas of energy efficiency and sustainable agriculture. Thus, the substitution of fossil fuels with biofuels, such as biodiesel, is increasingly on the agenda. The cultivation of oilseed plants for biodiesel production must take place in integrated systems that enable best environmental benefits and are more economically significant. The objectives of this study were to assess the morphological, anatomic, and physiological characteristics of safflower (Carthamus tinctorius L., promising oilseed for biodiesel production) grown in monoculture and intercropping with cowpea bean (Vigna unguiculata L. Walp.); and identify socioeconomic family farmers and verify their acceptance about safflower as an energy crop. The methodology used for the analysis of safflower growth in monoculture and intercropped with beans, were morphoanatomical and histochemical analyzes, made with samples of plants grown in the field in two cropping systems throughout the range of the life cycle of these plants. There were no changes in growth and anatomy of plants, even in the consortium, which is satisfactory to indicate the intercropping system for those crops and can be a good alternative for the family farmer, who may have safflower as a source of income without giving up planting their livelihood. To check the acceptance of safflower by farmers, interviews were made to family farmers by Canudos agrovila in Ceará-Mirim/RN. It was noticed that many of them accept the introduction of safflower as oil crop, although unaware of the species, and that, being more resistant to drought, safflower help in the stability of families who depend on the weather conditions for success their current crops. In general, it is concluded that safflower has features that allows it to be grown in consortium for biodiesel production combined with the production of food, such as cowpea, and can be used enabling better development for family farmers.

Avaliação da aplicabilidade de correlações matemáticas e redes neurais na predição de parâmetros de especificação do diesel

Diesel fuel is one of leading petroleum products marketed in Brazil, and has its quality monitored by specialized laboratories linked to the National Agency of Petroleum, Natural Gas and Biofuels - ANP. The main trial evaluating physicochemical properties of diesel are listed in the resolutions ANP Nº 65 of December 9th, 2011 and Nº 45 of December 20th, 2012 that determine the specification limits for each parameter and methodologies of analysis that should be adopted. However the methods used although quite consolidated, require dedicated equipment with high cost of acquisition and maintenance, as well as technical expertise for completion of these trials. Studies for development of more rapid alternative methods and lower cost have been the focus of many researchers. In this same perspective, this work conducted an assessment of the applicability of existing specialized literature on mathematical equations and artificial neural networks (ANN) for the determination of parameters of specification diesel fuel. 162 samples of diesel with a maximum sulfur content of 50, 500 and 1800 ppm, which were analyzed in a specialized laboratory using ASTM methods recommended by the ANP, with a total of 810 trials were used for this study. Experimental results atmospheric distillation (ASTM D86), and density (ASTM D4052) of diesel samples were used as basic input variables to the equations evaluated. The RNAs were applied to predict the flash point, cetane number and sulfur content (S50, S500, S1800), in which were tested network architectures feed-forward backpropagation and generalized regression varying the parameters of the matrix input in order to determine the set of variables and the best type of network for the prediction of variables of interest. The results obtained by the equations and RNAs were compared with experimental results using the nonparametric Wilcoxon test and Student's t test, at a significance level of 5%, as well as the coefficient of determination and percentage error, an error which was obtained 27, 61% for the flash point using a specific equation. The cetane number was obtained by three equations, and both showed good correlation coefficients, especially equation based on aniline point, with the lowest error of 0,816%. ANNs for predicting the flash point and the index cetane showed quite superior results to those observed with the mathematical equations, respectively, with errors of 2,55% and 0,23%. Among the samples with different sulfur contents, the RNAs were better able to predict the S1800 with error of 1,557%. Generally, networks of the type feedforward proved superior to generalized regression.

A regulação da exploração e produção de hidrocarbonetos não convencionais no Brasil

The global energy crisis triggered the possibility of unconventional hydrocarbons exploration and production, culminating in the US energy revolution as well as making other countries interested in the development of these natural resources. The justification for this research comes from Brazil's interest in the use of hydraulic fracturing techniques in unconventional resources since the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) organized the 12th acquisition process and published the Resolution no. 21 of April 10, 2014. The conflict between economic viability and the social and environmental damage from exploration and production of unconventional hydrocarbons in Brazil resulted in the search for a legal solution that would consider the economic, social and environmental interests. The main purpose here is to analyze the regulation of unconventional oil exploration and production in Brazil in order to show lack of regulatory instruments so far. The specific objectives are to investigate how the lack of effective regulation may ultimately prevent the development itself, analyze the importance of systematization of a new regulatory tool for ensuring legal security and energy, identify the key negative environmental and social impacts, and suggest possibilities approaches within the new regulatory framework. The research methodology stands out the hypothetico-deductive model as approach, and the comparative model as procedural method. Moreover, the research techniques used here are performance of a theoretical and descriptive questioning over literature search, analysis of Brazilian standardization and case laws, and a brief comparative study, in order to provide suggested approaches for a new regulatory framework.

A regulação da exploração e produção de hidrocarbonetos não convencionais no Brasil

The global energy crisis triggered the possibility of unconventional hydrocarbons exploration and production, culminating in the US energy revolution as well as making other countries interested in the development of these natural resources. The justification for this research comes from Brazil's interest in the use of hydraulic fracturing techniques in unconventional resources since the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (ANP) organized the 12th acquisition process and published the Resolution no. 21 of April 10, 2014. The conflict between economic viability and the social and environmental damage from exploration and production of unconventional hydrocarbons in Brazil resulted in the search for a legal solution that would consider the economic, social and environmental interests. The main purpose here is to analyze the regulation of unconventional oil exploration and production in Brazil in order to show lack of regulatory instruments so far. The specific objectives are to investigate how the lack of effective regulation may ultimately prevent the development itself, analyze the importance of systematization of a new regulatory tool for ensuring legal security and energy, identify the key negative environmental and social impacts, and suggest possibilities approaches within the new regulatory framework. The research methodology stands out the hypothetico-deductive model as approach, and the comparative model as procedural method. Moreover, the research techniques used here are performance of a theoretical and descriptive questioning over literature search, analysis of Brazilian standardization and case laws, and a brief comparative study, in order to provide suggested approaches for a new regulatory framework.

Conversão térmica e termocatalítica à baixa temperatura do óleo de girassol para obtenção de bio-óleo

The use of biofuels remotes to the eighteenth century, when Rudolf Diesel made the first trials using peanut oil as fuel in a compression ignition engine. Based on these trials, there was the need for some chemical change to vegetable oil. Among these chemical transformations, we can mention the cracking and transesterification. This work aims at conducting a study using the thermocatalytic and thermal cracking of sunflower oil, using the Al-MCM-41 catalyst. The material type mesoporous Al-MCM-41 was synthesized and characterized by Hydrothermical methods of X-ray diffraction, scanning electron microscopy, nitrogen adsorption, absorption spectroscopy in the infrared and thermal gravimetric analysis (TG / DTG).The study was conducted on the thermogravimetric behavior of sunflower oil on the mesoporous catalyst cited. Activation energy, conversion, and oil degradation as a function of temperature were estimated based on the integral curves of thermogravimetric analysis and the kinetic method of Vyazovkin. The mesoporous material Al-MCM-41 showed one-dimensional hexagonal formation. The study of the kinetic behavior of sunflower oil with the catalyst showed a lower activation energy against the activation energy of pure sunflower oil. Two liquid fractions of sunflower oil were obtained, both in thermal and thermocatalytic pyrolisis. The first fraction obtained was called bio-oil and the second fraction obtained was called acid fraction. The acid fraction collected, in thermal and thermocatalytic pyrolisis, showed very high level of acidity, which is why it was called acid fraction. The first fraction was collected bio-called because it presented results in the range similar to petroleum diesel