A tutela constitucional da exploração de petróleo em águas internacionais em face do princípio do desenvolvimento sustentável: a possibilidade de responsabilização civil do dano futuro

The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atlântico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage

Análise de terrenos na porção setentrional da Província Borborema, NE do Brasil: integração de dados geológicos e gravimétricos

It is presently assumed that the Borborema Province resulted from a complex collisional process associated with the convergent movement of plates, possibly involving amalgamation and accretion of microplates. This process was consolidated at the end of the Brasiliano event. It is investigated the possible limits for the tectonostratigraphic terranes in the northern portion of the province based on an integrated study of geological and gravity data. The study area comprises the portion of the Borborema Province located north of the Patos Lineament, limited by longitudes 33º00 W and 43º29 44"W and latitudes 1º36 S and 8º00 S. A revision of the regional geology allowed to identify areas presenting contrasting geological attributes, possibly representing different terranes whose limits are always shear zones of Brasiliano-age. The Sobral-Pedro II shear zone is the only one undoubtedly presenting geological attributes of sutures zones. The other shear zones are very likely associated with a geodinymic context of accretion, involving oblique collisions (docking), transcurrent and/or transforming sutures, and deep intracrustal shear zones. The gravity data contributed as a tool to identify strong lateral contrasts of density inside the upper crust possibly associated with crustal blocks tectonically juxtaposed. The dominant long wavelength anomaly in the Bouguer anomaly map is an expressive gradient, grossly parallel to the continental margin, caused by density variation across the crust-mantle interface in the transition from the continental crust to the oceanic crust originated by the separation between South America and Africa. Medium to small wavelength anomalies are due to intracrustal heterogeneities such as different Precambrian crustal blocks, Brasiliano-age granites and Mesozoic sedimentary basins. A regional-residual separation of the Bouguer anomaly map was performed in order to enhance in the residual map the effect due to intracrustal heterogeneities. The methodology used for this separation was a robust polinomial fitting. The inversion of residual gravity field resulted in a density contrast map (Δρ), in an equivalent layer that provided more accurated anomalies contours and consolidated the model which the sources of residual anomalies are located in the upper part of the present crust. Based on the coincidence of gravity lineaments in the residual map and Brasiliano shear zones, and using additional geological information, the following shear zones are proposed as limits between terranes: Patos shear zone, Sobral-Pedro II shear zone, Picuí-João Câmara shear zone, Remígio-Pocinhos shear zone, Senador Pompeu shear zone, Tauá shear zone, and Portalegre shear zone. Based on the geological/geophysical information it is attributed a higher level of confidence to the first three proposed limits(Patos, Sobral Pedro II, and Picuí-João Câmara shear zones). From west to east, these shear zones individualize the following terranes: Northwest of Ceará terrane, Central Ceará terrane, Tauá terrane, Orós-Jaguaribe terrane, Seridó terrane, and São José de Campestre terrane. In our study, the Rio Piranhas and Patos terranes are questioned because their previously proposed limits do not present good geological and gravimetric evidences. On the other hand, the previously proposed Cearense terrane is now subdivided into Central Ceará and Tauá terranes. Two residual gravity profiles located in the Seridó belt were interpreted using 2 ½ D direct gravity modeling. The main result of the modeling process is that all anomalies, with the exception of one, can be explained by outcroppring bodies, therefore restricted to the upper part of the present crust