Acordos internacionais sobre a produção compartilhada de recursos naturais: a unitização interestatal na área do petróleo e gás sob o enfoque constitucional brasileiro

The apportionment of natural resources between sovereign States is a subject that relates many aspects of International law, as long as Constitutional Law, at the execution and application phases of international treaties that regulates the exploration of common goods. In this sense, because of their natural characteristics that creates an environment of constant migration and fixation in transboundary regions, terrestrial or maritime, the petroleum and the natural gas bound a complex juridical apparatus that can control the sovereign rights involved. This research is aim at accomplishing a study concerning the international agreements that enable the non-unilateral action, specifically the unitization treaties between sovereign States, as a manner to resolve situations related to the individualization of oil and/or gas reservoirs that go across their national borders. These agreements will be analyzed considering the international public law sources theory, bearing in mind yet the already existed experiences in this sense, not disregarding the way that this fact could affect Brazil. It will begin with an historical incursion over the unitization institute, covering its main characteristics and its formation and execution procedures, and finally it will address the Brazilian legal system and the comparative law threats the institute. The clauses of these relevant agreements will be analyzed in details, concerning its particularities and its contents. Because these agreements are international obligatory rules of law, it is indispensable that they are considered under the auspices of the international law system, focusing their nature and the subjects of international law and establishing them as sources of the international law, analyzing them, then, as international rules and the applicable law to these juridical relations, the conventional established, the consolidated international custom and the applicable International Law principles, appearing the State s responsibility as an important subject for the verification of the acts lawful practiced by States. The analysis of the apportionment of these natural resources ends with the individualization of possible exploitable marine oil fields located between the exclusive economic zone and the continental platform ends and the region administrated by the International Seabed Authority. At last, the Brazilian constitutional system appears as the mechanism of integration, application and execution of the international unitization agreements in Brazil, detaching the format and the proceedings that the international treaties take to acquire validity at the national legal system, passing through the treaties interpretation and the applicable constitutional principles, coming to its application in Brazil, considering the existing constitutional peculiarities and the role played by the National Agency of Petroleum, Natural Gas and bio-fuel ANP

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.

Os conflitos de competência normativa do estado regulador brasileiro no setor administrado pela ANP

The dissertation has by objective describe the administrative activity of regulation exercised by independent regulatory agencies, observing that this activity was already done before this structures creation, however, after a really deep administrative reform that had as objective built a Public Administration with more efficiency, it passed to be done with some own peculiarities of these new structures of regulation. The work gave especial attention to what concern the conflicts of normative competency that really often happen between ANP (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis) and the legislatives organs of the Republic Federative of Brazil, because energetic area has unbelievable mater to any country, and the fact of some juridical norm be against the law and be accepted is very dangerous, it affronts the constitutional principle of the legality e may put in risk the democratic Estate of law, them, regulatory dogmatic must be scientifically knows, and developed, thought and especially there are so many doctrinaires divergences about regulation constitutionality. As a theorist point, the investigation got the Logical nocontradiction principle, according Hans Kelsen and Lourival Vilanova thought, doing a philosophical reflection about the system of positive law, in which there are many antinomies, or conflicts of norms, what include the conflicts of the administrative acts expedited by ANP and the legislation of the brazilian regulatory Estate. For a better understanding and exemplify some perplexities treated by the doctrinaire angle, this work did a lucubration about a possibility of a normative conflict between a ANP resolution and the municipal legislation in a specific case, also, brought several jurisprudences for the brazilians courts of justice, that confirm the empiric existence of normative conflicts among ANP s administrative norms and federal legislation. Finally, concludes observing that the regulation is not a legislative competency delegation to regulatory agencies, is just a new exercise of the administrative function, it is a technical specialization of the public administration, that using this know-how can acting with more efficiency, however the normative power of regulatory agencies must respect the empire of law, so in this terms, the dissertation suggests the ponderation of the constitutionals principles of efficiency and legality how form to harmonizing the democratic legitimate inherent to legal norm supremacy, with the perspective of an efficient economic and institutional development

Estudo do óleo das sementes de Carthamus tinctorius L. Para produção de biodiesel

Most of the energy consumed worldwide comes from oil, coal and natural gas. These sources are limited and estimated to be exhausted in the future, therefore, the search for alternative sources of energy is paramount. Currently, there is considerable interest in making trade sustainable biodiesel, a fuel alternative to fossil fuels, due to its renewable nature and environmental benefits of its use in large scale. This trend has led the Brazilian government to establish a program (Probiodiesel) with the aim of introducing biodiesel into the national energy matrix, by addition of 5% biodiesel to conventional diesel in 2010 to foster not only the increase of renewable energy, but reduce imports of crude oil. This work evaluates different methods of extraction of oil Carthamus tinctorius L., their characterization by IR, 1H and 13C NMR, HPLC and TG and their use in the production of methyl ester (molar ratio of oil / alcohol 1:6, and NaOH catalyst). The physico-chemical parameters (acid value, density, viscosity, saponification index and surface tension) of oil and biodiesel were also described. The produced biodiesel had a yield of 93.65%, was characterized in relation to their physicochemical properties showing satisfactory results (density=875 kg/m3, viscosity = 6.22 mm2/s, AI = 0.01 mg (NaOH) /g) compared with the values established by the the National Agency Oil, Natural Gas and Biofuels

Sistema de aquisição de dados para estudos de transiente de pressão e detecção de vazamentos em oleodutos

In February 2011, the National Agency of Petroleum, Natural Gas and Biofuels (ANP) has published a new Technical Rules for Handling Land Pipeline Petroleum and Natural Gas Derivatives (RTDT). Among other things, the RTDT made compulsory the use of monitoring systems and leak detection in all onshore pipelines in the country. This document provides a study on the method for detection of transient pressure. The study was conducted on a industrial duct 16" diameter and 9.8 km long. The pipeline is fully pressurized and carries a multiphase mixture of crude oil, water and natural gas. For the study, was built an infrastructure for data acquisition and validation of detection algorithms. The system was designed with SCADA architecture. Piezoresistive sensors were installed at the ends of the duct and Digital Signal Processors (DSPs) were used for sampling, storage and processing of data. The study was based on simulations of leaks through valves and search for patterns that characterize the occurrence of such phenomena

Evidências da herança geotectônica pré-cambriana na geração da barcia potiguar: um estudo geofísico multdisciplinar

The 3D gravity modeling of the Potiguar rift basin consisted of a digital processing of gravity and aeromagnetic data, subsidized by the results of Euler deconvolution of gravity and magnetic data and the interpretation of seismic lines and wells descriptions. The gravity database is a compilation of independent geophysical surveys conducted by several universities, research institutions and governmental agencies. The aeromagnetic data are from the Bacia Potiguar and Plataforma Continental do Nordeste projects, obtained from the Brazilian Petroleum Agency (ANP). The solutions of the Euler Deconvolution allowed the analysis of the behavior of the rift main limits. While the integrated interpretation of seismic lines provided the delimitating horizons of the sedimentary formations and the basement top. The integration of these data allowed a 3D gravity modeling of basement topography, allowing the identification of a series of internal structures of the Potiguar rift, as well intra-basement structures without the gravity effect of the rift. The proposed inversion procedure of the gravity data allowed to identify the main structural features of the Potiguar rift, elongated in the NE-SW direction, and its southern and eastern faulted edges, where the sedimentary infill reachs thicknesses up to 5500 m. The southern boundary is marked by the Apodi and Baixa Grande faults. These faults seem to be a single NW-SE oriented fault with a strong bend to NE-SW direction. In addition, the eastern boundary of the rift is conditioned by the NE-SW trending Carnaubais fault system. It was also observed NW-SE oriented faults, which acted as transfer faults to the extensional efforts during the basin formation. In the central part of the residual anomaly map without the gravity effect of the rift stands out a NW-SE trending gravity high, corresponding to the Orós-Jaguaribe belt lithotypes. We also observe a gravity maximum parallel to the Carnaubais fault system. This anomaly is aligned to the eastern limit of the rift and reflects the contact of different crustal blocks, limited by the eastern ward counterpart of the Portalegre Shear Zone

Síntese e caracterização de niobiosilicatos para produção de biocombustível

The mesoporous materials has been an special attention, among them was discovered in the 1990´s the mesoporous molecular sieve of SBA-15 type. The good features of the SBA- 15 makes this material very promising in catalysis, however, due to the absence of native active sites, it has low catalytic activity. In this way, different metals and oxides have been included in this molecular sieve as a means of introducing active sites and increase its catalytic activity. Among the oxides that are being researched, there is the niobium oxide, which presents strong acid sites and exists in abundance. Brazil is the largest producer of the mineral. On the other hand, the production of biofuels has been desired, but it requires the development of new catalysts for this purpose. The aim of this work was to develop silicate of niobium by impregnation and by new synthesis method for application in the cracking of moringa oil. The methodology consisted of inserting the niobium oxide either by postsynthesis process using wet impregnation and direct insertion. For direct insert a new method was developed for pH adjustment, being tested different pH, and the pH 2.2 was used different ratios of Si/Nb. The materials were characterized by different techniques such as: XRD, N2 adsorption, SEM, EDS, UV-visible, TG/DTG, DSC, TEM, acidity by thermodesorption of n-butilamine and FTIR. After this part of the catalysts developed by the two methods were tested in the thermocatalytic cracking of moringa oil, being used a simple distillation. All silicates of Niobium obtained showed a highly ordered structure, having high specific areas, good distribution of pore diameters, beyond present a morphology in the form of fibers. In the catalysts after synthesis was observed that the niobium inserted has so as octahedrally and tetrahedrally coordinated, demonstrating that there were also oxides formed on the external surface of SBA-15. The materials obtained in the direct synthesis are only tetrahedrally coordinated. The new synthesis method of pH adjusting by using the buffer solution for it, proved to be very efficient for the production of such materials, because the materials obtained showed characteristics and structures similar to the molecular sieve of SBA-15 type. Among the pH tested the material that presented better characteristics was synthesized at pH 2.2. The application of these materials in catalytic cracking showed a higher formation of organic liquids when compared to thermal cracking, in addition to significantly reducing the acidity and residues formed, demonstrating that the use of silicates of Niobium increases both the conversion and the selectivity of the products.

Modelagem e simulação da solubilidade de sais em sistemas aquosos com Monoetilenoglicol

Primary processing of natural gas platforms as Mexilhão Field (PMXL-1 ) in the Santos Basin, where monoethylene glycol (MEG) has been used to inhibit the formation of hydrates, present operational problems caused by salt scale in the recovery unit of MEG. Bibliographic search and data analysis of salt solubility in mixed solvents, namely water and MEG, indicate that experimental reports are available to a relatively restricted number of ionic species present in the produced water, such as NaCl and KCl. The aim of this study was to develop a method for calculating of salt solubilities in mixed solvent mixtures, in explantion, NaCl or KCl in aqueous mixtures of MEG. The method of calculating extend the Pitzer model, with the approach Lorimer, for aqueous systems containing a salt and another solvent (MEG). Python language in the Integrated Development Environment (IDE) Eclipse was used in the creation of the computational applications. The results indicate the feasibility of the proposed calculation method for a systematic series of salt (NaCl or KCl) solubility data in aqueous mixtures of MEG at various temperatures. Moreover, the application of the developed tool in Python has proven to be suitable for parameter estimation and simulation purposes

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.

Estudo do desempenho de resinas poliméricas para remoção de H2S do gás natural

The natural gas (NG) is a clean energy source and found in the underground of porous rocks, associated or not to oil. Its basic composition includes methane, ethane, propane and other components, like carbon dioxide, nitrogen, hydrogen sulphide and water. H2S is one of the natural pollutants of the natural gas. It is considered critical concerning corrosion. Its presence depends on origin, as well as of the process used in the gas treatment. It can cause problems in the tubing materials and final applications of the NG. The Agência Nacional do Petróleo sets out that the maximum concentration of H2S in the natural gas, originally national or imported, commercialized in Brazil must contain 10 -15 mg/cm3. In the Processing Units of Natural Gas, there are used different methods in the removal of H2S, for instance, adsorption towers filled with activated coal, zeolites and sulfatreat (solid, dry, granular and based on iron oxide). In this work, ion exchange resins were used as adsorbing materials. The resins were characterized by thermo gravimetric analysis, infrared spectroscopy and sweeping electronic microscopy. The adsorption tests were performed in a system linked to a gas-powered chromatograph. The present H2S in the exit of this system was monitored by a photometrical detector of pulsing flame. The electronic microscopy analyzes showed that the topography and morphology of the resins favor the adsorption process. Some characteristics were found such as, macro behavior, particles of variable sizes, spherical geometries, without the visualization of any pores in the surface. The infrared specters presented the main frequencies of vibration associated to the functional group of the amines and polymeric matrixes. When the resins are compared with sulfatreat, under the same experimental conditions, they showed a similar performance in retention times and adsorption capacities, making them competitive ones for the desulphurization process of the natural gas

Estudo do desempenho de resinas poliméricas para remoção de H2S do gás natural

The natural gas (NG) is a clean energy source and found in the underground of porous rocks, associated or not to oil. Its basic composition includes methane, ethane, propane and other components, like carbon dioxide, nitrogen, hydrogen sulphide and water. H2S is one of the natural pollutants of the natural gas. It is considered critical concerning corrosion. Its presence depends on origin, as well as of the process used in the gas treatment. It can cause problems in the tubing materials and final applications of the NG. The Agência Nacional do Petróleo sets out that the maximum concentration of H2S in the natural gas, originally national or imported, commercialized in Brazil must contain 10 -15 mg/cm3. In the Processing Units of Natural Gas, there are used different methods in the removal of H2S, for instance, adsorption towers filled with activated coal, zeolites and sulfatreat (solid, dry, granular and based on iron oxide). In this work, ion exchange resins were used as adsorbing materials. The resins were characterized by thermo gravimetric analysis, infrared spectroscopy and sweeping electronic microscopy. The adsorption tests were performed in a system linked to a gas-powered chromatograph. The present H2S in the exit of this system was monitored by a photometrical detector of pulsing flame. The electronic microscopy analyzes showed that the topography and morphology of the resins favor the adsorption process. Some characteristics were found such as, macro behavior, particles of variable sizes, spherical geometries, without the visualization of any pores in the surface. The infrared specters presented the main frequencies of vibration associated to the functional group of the amines and polymeric matrixes. When the resins are compared with sulfatreat, under the same experimental conditions, they showed a similar performance in retention times and adsorption capacities, making them competitive ones for the desulphurization process of the natural gas

Atração e retenção de talentos em empresas de engenharia consultiva no setor de petróleo e gás natural da cidade de Natal

This study addresses the question of attraction and retention of talent in companies that produce engineering projects in the area of oil and natural gas in the city of Natal. The objectives were to identify the mechanisms that these companies use to attract and retain talented professionals and what the relationship between these practices and performance of these organizations in the market. This is a case study of a qualitative nature which were included in the fullness of companies that work in that class in the capital Potiguar. Have been applied to the managers of these companies structured questionnaires with eleven issues orientativas based on theoretical reference adopted. The research finds that managers understand the word "talent", recognize the importance of the appreciation of its employees and the development of their innate abilities to better organizational performance, much due to the fact they are acting in a market of fierce competition. His companies - though not submit the formal procedures related to the subject in question - have mechanisms that can be characterized as the attraction and retention of talent. The relationships identified in this study are consistent with the results found in other studies and put the information here can serve as the basis for that other managers, including other areas, to reach excellence in their respective industries

Atração e retenção de talentos em empresas de engenharia consultiva no setor de petróleo e gás natural da cidade de Natal

This study addresses the question of attraction and retention of talent in companies that produce engineering projects in the area of oil and natural gas in the city of Natal. The objectives were to identify the mechanisms that these companies use to attract and retain talented professionals and what the relationship between these practices and performance of these organizations in the market. This is a case study of a qualitative nature which were included in the fullness of companies that work in that class in the capital Potiguar. Have been applied to the managers of these companies structured questionnaires with eleven issues orientativas based on theoretical reference adopted. The research finds that managers understand the word "talent", recognize the importance of the appreciation of its employees and the development of their innate abilities to better organizational performance, much due to the fact they are acting in a market of fierce competition. His companies - though not submit the formal procedures related to the subject in question - have mechanisms that can be characterized as the attraction and retention of talent. The relationships identified in this study are consistent with the results found in other studies and put the information here can serve as the basis for that other managers, including other areas, to reach excellence in their respective industries

Sistemas de medição de desempenho para projetos de PD&I no Setor de Petróleo e Gás Natural

Organizations are seeking new ideas, tools and methods aiming to improve management process and performance. On the other hand, system performance measurement needs to portray organizational changes and provide managers with a set of true and more appropriate information for the decision-making process. This work aims to propose a performance measurement system in the academic field regarding Research, Development and Innovation (RDI) in the oil and gas industry. The research performed a bibliographic review in a descriptive exploratory manner. A field research was conducted with an expert focus group in order to gather new indicators. As for the validation of these indicators, a survey with experienced professional was also realized. The research surveyed four segments in and outside of the Federal University of Rio Grande do Norte-Brazil such as oil and gas project coordinators, staff at Academic Planning Offices, FUNPEC employees as well as coordinators from Petrobrás. The performance measuring system created from this study features three interrelated performance indicators pointed out as: process indicators, outcome indicators and global indicators. The proposal includes performance indicators that seek to establish more appropriate strategies for effective institution management. It might help policy making of university-industry interaction policies