O princípio constitucional da redução das desigualdades regionais e os campos maduro-marginais de petróleo: aspectos regulatórios e fiscais

Under the circumstances of the desestatization that penetrate Brazilian economy in the 90‟s, new features in the monopoly of oil by the Union were designed by the constitutional amendment number 9. of 1995. This deep change in the legal regime of oil sector brought the possibility of entrance to small and medium size producers in this industry, especially through the production activities developed in mature and marginal fields of oil, which are located mainly in northeast region of Brazil. Considering that the intervention of state over the economy finds its guidelines and limits in Federal Constitution disposals, the present work investigated in which way states regulation, mainly through taxation rules, has obeyed the constitutional regime in force, and specially, the reduction of regional inequalities principle. By mean, firstly, of an analysis of central concepts (mature fields, marginal fields, small and medium size producers) we observed that the imprecision over the conceptual aspect has constituted an obstacle to a specific states‟ regulation, directed to this newborn class of producers, whose growth has been pursuit by the state. That is verified in the case of concession procedures, and also, concerning the taxation system applied to small and medium size producers. Examining the main constitutional principles related to this universe which are the legality, equality, privileged treatment to small enterprises, contributive capacity, and reduction of regional inequalities we conclude that it is legally possible, a truly specific regulation, including a special taxation regime, to the small and medium size producers whose activities are concentrate over mature-marginal fields, aiming the concretization of the Brazilian state main goals

Análise de Sustentabilidade em Projetos de Instalações de Produção de Petróleo

A proposal for a global analysis of sustainability in projects related in oil facilities is presented. By considering economic, environmental and social aspects in the early stages of design, the suggested method is more comprehensive and can be used to complement the analysis commonly applied in the petroleum industry, such as: Study of Technical and Economic Feasibility; Environmental Impact Assessment and Risk Analysis. Several authors, associations, certification bodies and oil companies suggest different approaches to study sustainability in some specific activities (or industries). In this study, a checklist of significant sustainability aspects for the oil industry (surface facilities) was assembled. In addition, a matrix was developed to assess the sustainability items relevant to these projects. In this work, the checklist interacts with the matrix to perform a "Preliminary Analysis of Sustainability of the Enterprise" (APSE). This method allows the identification of aspects that contribute significantly to global sustainability. From this analysis, which includes economic, social and environmental aspects, is built a report that is used to analyze qualitatively and quantitatively the impact of the sustainability aspects of the project. In this analysis are identified items that strongly influence the economic, social or environmental aspects and evaluated alternatives that can increase the overall sustainability of the project. Finally, the alternatives that can be used to indicate the most sustainable option are identified. This method was applied in a project (design) of a small offshore platform. This case study shows how the APSE can contribute to the identification of sustainability initiatives for the enterprise. The results showed that relevant aspects can contribute decisively to global sustainability. Finally, it was observed that the proposed method can contribute to increased rates of sustainability, even after application of analysis commonly used in these projects

Análise de Sustentabilidade em Projetos de Instalações de Produção de Petróleo

A proposal for a global analysis of sustainability in projects related in oil facilities is presented. By considering economic, environmental and social aspects in the early stages of design, the suggested method is more comprehensive and can be used to complement the analysis commonly applied in the petroleum industry, such as: Study of Technical and Economic Feasibility; Environmental Impact Assessment and Risk Analysis. Several authors, associations, certification bodies and oil companies suggest different approaches to study sustainability in some specific activities (or industries). In this study, a checklist of significant sustainability aspects for the oil industry (surface facilities) was assembled. In addition, a matrix was developed to assess the sustainability items relevant to these projects. In this work, the checklist interacts with the matrix to perform a "Preliminary Analysis of Sustainability of the Enterprise" (APSE). This method allows the identification of aspects that contribute significantly to global sustainability. From this analysis, which includes economic, social and environmental aspects, is built a report that is used to analyze qualitatively and quantitatively the impact of the sustainability aspects of the project. In this analysis are identified items that strongly influence the economic, social or environmental aspects and evaluated alternatives that can increase the overall sustainability of the project. Finally, the alternatives that can be used to indicate the most sustainable option are identified. This method was applied in a project (design) of a small offshore platform. This case study shows how the APSE can contribute to the identification of sustainability initiatives for the enterprise. The results showed that relevant aspects can contribute decisively to global sustainability. Finally, it was observed that the proposed method can contribute to increased rates of sustainability, even after application of analysis commonly used in these projects