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

As zonas de processamento de exportação como instrumento de desenvolvimento e redução das desigualdades regionais

The existence of inequalities among the Brazilian regions is an indeed fact along the country s history. Before this reality the constitutional legislator inserted into the Federal Constitution of 1988, as a purpose of the Federative Republic of Brazil, the reduction of regional inequalities. The development has also been included as a purpose from the State, because there is an straight relation with the reduction of regional inequalities. In both situations is searched the improvement of people s living conditions. . In pursuit of this achievement, the State must implement public policy, and, for this to happen, it needs the ingress of income inside of the public coffers and support of economic agents, therefore the importance of constitucionalization of the economic policy. The 1988 s Constitution adopted a rational capitalism regime consentaneous with current legal and social conceptions, that s why it enabled the State s intervention into economy to correct the so-called market failures or to make the established objectives fulfilled. About this last one, the intervention may happen by induction through the adoption of regulatory Standards of incentive or disincentive of economic activity. Among the possible inductive ways there are the tax assessments that aim to stimulate the economic agents behavior in view of finding that the development doesn t occur with the same intensity in all of the country s regions. Inside this context there are the Export Processing Zones (EPZs) which are special areas with different customs regime by the granting of benefits to the companies that are installed there. The EPZs have been used, by several countries, in order to develop certain regions, and economic indicators show that they promoted economic and social changes in the places where they are installed, especially because, by attracting companies, they provide job creation, industrialization and increased exports. In Brazil, they can contribute decisively to overcome major obstacles or decrease the attraction of economic agents and economic development of the country. In the case of an instrument known to be effective to achieve the goals established by the Constitution, it is duty of the Executive to push for the law that governs this customs regime is effectively applied. If the Executive doesn t fulfill this duty, incurs into unjustifiable omission, correction likely by the Judiciary, whose mission is to prevent acts or omissions contrary to constitutional order

Caminhos e descaminhos dos municípios produtores de petróleo: o papel dos royalties no desempenho das finanças públicas municipais no estado do Rio Grande do Norte

It analyzes the magnitude, the nature and the direction of public revenues and the public expenses in oil and natural gas producing municipalities in the state of Rio Grande do Norte in the post-constituent period, and, more precisely, from the approval of Law 9.478/97, called Oil Law . It argues the fiscal federalism normative theory, the typology and the role of the intergovernamental transferences in the performance of the public finances of the local governments. Shows that the economy of Rio Grande do Norte went through deep social-economic changes in the last few decades, among which includes the discovery of the oil and the natural gas and its importance for the growth of the industrial and services sectors. It points out that the increase of the production and the international price of the oil contributed for the growth in revenues of royalties and the special participation in the beneficiary cities, what did not mean an automatic increase in the resources destined to the investment and in the quality on the provision of the goods and services come back toward the local development. On the contrary, the main conclusion of the work is that the trajectory of the oil producing municipalities is marked by paths and embezzlements in the performance of the public finances and in the provision of public goods and services. Paths, that lead to the improvement of the performance of the public finances and the quality of the public goods and services. Embezzlements, that lead to the inefficiency in the provision of goods and services and the capture of the public resources. That is, the fiscal decentralization is a necessary condition, however not enough to improve the amount and the quality of the public goods and services given by these municipalities. For that it is necessary to advance in the fiscal federalism normative theories, in search of optimum model of federalism in local governments where still predominated by patrimonialism, clientelism, fiscal illusion and the capture of the public resources in benefit of the private interests

O impacto do pagamento da participação sobre a produção de petróleo e gás natural sobre a renda familiar e a propriedade no Município de Governador Dix-Sept Rosado no período de 1998 a 2004

This scientific study deals about the oil and natural gas production participation payment impact in the county of Governador Dix-sept Rosado, Rio Grande do Norte, between 1998 to 2004, applied to family income and property. To do so, this analysis focus on the ricardian´s theory exposition which merges from the concept of the mineral income, in concern to the legal establishment of royalties. This paper also shows the world evolution oil exploration, inserting Brazil in this scene as a oil and natural gas producter. It identifies the productive site of oil and natural gas in Rio Grande do Norte as the Potiguar Oil Area, characterizing its components in the demographic, physical and social aspects, to reflect in the focus point of observation which is the Governador Dix-sept Rosado county. The participation payment on oil and natural gas is demonstrated in a qualitative analysis both in Brazil as in Rio Grande do Norte. The payments given to the land owners in this federative unity are shown in the period of analysis of this essay. The study tells, based in a field research, the benefaction impact of the payment to the land owners over the income and property. The family income were highly impacted, causing economic social classes change to some land owners. The property had less or none impact. It was found negative externalities as the income utilization to other county uses, not causing a multiplier effect in the studied county. The fact of the not utilization of the properties on productive investments in order to supply the finite characteristic of oil and this source of royalties, contradicts one of the reasons of its establishment which is the payment for its productive exhaustion of a land resource

Economia do petróleo e desenvolvimento: estudo exploratório sobre as perspectivas do pré-sal brasileiro

A pesquisa analisa as possibilidades abertas pela exploração de petróleo na camada pré-sal, avaliando de que maneira a expansão do setor petrolífero poderá acelerar o crescimento econômico brasileiro e contribuir para novas estratégias de desenvolvimento. A hipótese inicial é que o Brasil enfrenta uma restrição estrutural de balanço de pagamentos, que poderá ser amenizada pela diminuição das importações de petróleo e derivados e pelo aumento do valor exportado no setor. Para avaliá-la são resgatados aspectos históricos e geopolíticos relacionados ao petróleo, assim como são tratadas as características microeconômicas dos recursos naturais não renováveis. Também se consideram questões de ordem macroeconômica, como a especialização produtiva da economia brasileira e sua inserção no comércio internacional, discutindo como o desenvolvimento da indústria petrolífera poderá afetá-las. Para tanto, a investigação fundamenta-se na teoria estruturalista e nos modelos de crescimento com ênfase na restrição externa. O trabalho examina ainda os casos da Rússia, Venezuela e México para avaliar a experiência de países exportadores de petróleo. Como contribuição, um modelo de crescimento é utilizado para realizar simulações acerca do Brasil, cobrindo o período 2013-2020 com a formulação de três cenários. A partir dos resultados discute-se que a necessidade de consecução das metas fiscal e de inflação pode desencadear políticas restritivas que limitam a utilização da folga fiscal e externa, oriundas do pré-sal, para induzir o crescimento. Conclui-se que um círculo virtuoso de desenvolvimento com mudança estrutural depende não apenas da modernização produtiva, mas também, e principalmente, da evolução político-institucional do país

Acúmulo e exportação de macronutrientes pelo híbrido de melancia Tide

O objetivo do presente trabalho foi determinar o acúmulo e exportação de macronutrientes pela cultura da melancia, híbrido Tide. O experimento foi conduzido no município de Borborema - SP. As amostragens de plantas foram realizadas aos 15, 30, 45, 60 e 75 dias após transplantio (DAT), para determinação da massa seca e do acúmulo e exportação dos nutrientes (N, P, K, Ca, Mg e S). O acúmulo de massa seca foi lento até os 30 DAT, intensificando-se a partir deste período e atingindo, no final do ciclo, a contribuição média da parte vegetativa de 31% e dos frutos de 69%. Até 30 DAT, o acúmulo de nutrientes também foi pequeno, não ultrapassando 2% do total. Com a frutificação, houve forte incremento na quantidade de nutrientes acumulados. O período de maior demanda para N, Ca e Mg foi de 45 a 60 DAT e para P, K e S de 60 a 75 DAT. do total acumulado, a parte vegetativa foi responsável por 29,6% e os frutos com 70,4%. A ordem decrescente dos nutrientes acumulados pela cultura foi: K>N>Ca>Mg>P>S. Para a produtividade alcançada de 40 t ha-1 observou-se a seguinte exportação de nutrientes pelos frutos: 106,4 kg ha-1 de N, 11,1 kg ha-1 de P, 118,0 kg ha-1 de K, 4,3 kg ha-1 de Ca, 6,8 kg ha-1 de Mg e 6,0 kg ha-1 de S.

Exportação de nutrientes pelos frutos de melancia em função de épocas de cultivo, fontes e doses de potássio

Foram conduzidos dois experimentos em propriedades rurais, localizadas próxima a cidade de Borborema (SP), de outubro a dezembro/2001 e de fevereiro a abril/2002, com o objetivo de determinar as quantidades exportadas de nutrientes pelos frutos de melancia, em função de fontes e doses de potássio, em duas épocas de cultivo. O delineamento experimental utilizado foi o de blocos casualizados completos, em esquema fatorial 3x4, com três repetições, sendo avaliados as fontes: cloreto, nitrato e sulfato de potássio e as doses: 50; 100; 200 e 300 kg ha-1 de K2O. Com exceção do Mg, as maiores exportações de nutrientes pelos frutos foram obtidas no cultivo de outubro a dezembro. A massa seca e as exportações de N, P, K, e Ca aumentaram de forma quadrática com as doses de potássio. A aplicação KCl aumentou respectivamente, de forma quadrática e linear, as exportações de S e Cl pelos frutos de melancia.

Modelagem de dados de falhas de equipamentos de sub-superfície em poços de petróleo da Bacia Potiguar

This master´s thesis presents a reliability study conducted among onshore oil fields in the Potiguar Basin (RN/CE) of Petrobras company, Brazil. The main study objective was to build a regression model to predict the risk of failures that impede production wells to function properly using the information of explanatory variables related to wells such as the elevation method, the amount of water produced in the well (BSW), the ratio gas-oil (RGO), the depth of the production bomb, the operational unit of the oil field, among others. The study was based on a retrospective sample of 603 oil columns from all that were functioning between 2000 and 2006. Statistical hypothesis tests under a Weibull regression model fitted to the failure data allowed the selection of some significant predictors in the set considered to explain the first failure time in the wells

Modelagem de decisão na seleção de equipamento: um estudo usando o processo analítico hierárquico na contratação de sondas de perfuração de poços de petróleo

The main goal of this dissertation is to develop a Multi Criteria Decision Aid Model to be used in Oils and Gas perforation rigs contracts choices. The developed model should permit the utilization of multiples criterions, covering problems that exist with models that mainly use the price of the contracts as its decision criterion. The AHP has been chosen because its large utilization, not only academic, but in many other areas, its simplicity of use and flexibility, and also fill all the requirements necessary to complete the task. The development of the model was conducted by interviews and surveys with one specialist in this specific area, who also acts as the main actor on the decision process. The final model consists in six criterions: Costs, mobility, automation, technical support, how fast the service could be concluded and availability to start the operations. Three rigs were chosen as possible solutions for the problem. The results reached by the utilizations of the model suggests that the utilization of AHP as a decision support system in this kind of situation is possible, allowing a simplifications of the problem, and also it s a useful tool to improve every one involved on the process s knowledge about the problem subject, and its possible solutions

Impactos da legislação ambiental brasileira na exportação de camarão: um estudo com exportadores de camarão do Rio Grande do Norte

Brazilian exportations come growing in a constant form in the last years, stimulated for the globalization and public politics directed toward the increase of the internal surplus. In this context the objective of this work was to investigate the perception of the shrimp exporting entrepreneurs of Rio Grande do Norte, with relation to the impact of the Brazilian environmental legislation in the companies competitiveness at the external market. From data collected from the controllers of the companies, it was used a survey methodology, with exploratory and descriptive character. The results found in this study indicate that the companies, in general way, understand that the environmental legal requirements do not confuse nor help in the search and conquest of new international markets. A little more of the half of the researched companies, does not see the legislation rigid as important factor of competitiveness. However a sufficiently significant percentage, already has a more strategical vision on the subject, or at least already it heard to speak on such possibility

Gestão ambiental na indústria do petróleo :um estudo sobre as práticas de gestão na perspectiva da aprendizagem organizacional

This work discusses the environmental management thematic, on the basis of ISO 14001 standard and learning organization. This study is carried through an exploratory survey in a company of fuel transport, located in Natal/RN. The objective of this research was to investigate the practices of environmental management, carried through in the context of an implemented ISO 14001 environmental management system, in the researched organization, from the perspective of the learning organization. The methodology used in this work is supported in the quantitative method, combining the exploratory and descriptive types, and uses the technique of questionnaires, having as scope of the research, the managers, employee controlling, coordinators, supervisors and - proper and contracted - of the company. To carry through the analysis of the data of this research, it was used software Excel and Statistical version 6.0. The analysis of the data is divided in two parts: descriptive analysis and analysis of groupings (clusters). The results point, on the basis of the studied theory, as well as in the results of the research, that the implemented ISO 14001 environmental system in the searched organization presents elements that promote learning organization. From the results, it can be concluded that the company uses external information in the decision taking on environmental problems; that the employees are mobilized to generate ideas and to collect n environmental information and that the company has carried through partnerships in the activities of the environmental area with other companies. All these item cited can contribute for the generation of knowledge of the organization. It can also be concluded that the company has evaluated environmental errors occurrences in the past, as well as carried through environmental benchmarking. These practical can be considered as good ways of the company to acquire knowledge. The results also show that the employees have not found difficulties in the accomplishment of the tasks when the manager of its sector is not present. This result can demonstrate that the company has a good diffusion of knowledge

Estratégia de produçãp agroindustrial :um estudo dos fatores que afetam a exportação do mel

This thesis approaches the situation of small and medium Brazilian companies facing the exportation process, focusing honey (Apis Mellifera). The world economy has had growing market internationalization, known as globalization. In this context, the exportation has to be faced as a way to minimize the inner market difficulties and increase the levels of quality and productivity to attend the external markets in a competitive way. A company exportation process is not linked to its dimensions, but connected to the commitment with quality, creativity and professionalism. The search for new productive frontiers has benefited Brazilian beekeeper, mainly the northeast ones. Besides, the claim for products that are free of chemical remains, with a bigger aggregate value has increased every day, and the Apismel Company is benefited for having potential to produce organic honey. This paper approaches a case study realized with Sixty-nine beekeeper from Serra do Mel, RN, that make the Apismel Company and it aims to investigate the competitive factors that affects honey exportation. In order to obtain subsidies to execute the objective of this work, it was chosen a questionnaire as instrument of research. The questionnaire was structured from variables that were considered as directions of competition in honey exportation. The results were tabled in Software (Statistics version 11.0). The descriptive, exploiter and Kolmogorov-Smirnov analyses were used to analyze the obtained results. At the end, this work recommends that the Apismel Company promote capacitating courses and technical consultations at the many villages that make the county, to ripen and add efficiency in handling implementation in order to equilibrate production factors and to attract inner and external markets

Gestão ambiental na indústria do petróleo : fatores associados ao comportamento pró-ambiental de empregados de uma empresa brasileira de óleo e gás

This survey develops a study about the pro-environment behavior of a brazilian company of oil and gas sector, emphazing the Petróleo Brasileiro S/A PETROBRAS in its Unit of Business of Exploration and Production in the State of Rio Grande do Norte and Ceará − UN-RNCE. The work s development adopt the bibliographic research methodology with the descriptive exploratory analisys, with the purpouse of identifying related points with the knowledge and the analysed enterprise s staff conduct, by the aplication of the interview with a instrument of data colecting with closed variable questions from answers that varies from o to 10.The answers allowed us to know the employees knowledge about the related aspects of environmental responsability, knowing also the involvement of the employees with the politics of environmental managment that has been implemented in the operating area of the company. The research led us to an important verification of the pro-environmental behavior of the people interviewed. The results depends of a wise acting, not only inside the company, but also outside, where the results of this acting will be more perceived for the society. Finally, we conclude that the company has a politics of management with a great importance, emphasinzing that the employees are been in constant training about their behavior resulting in satisfaction

Passivo ambiental e o setor de exploração de petróleo em terra: abordagem teórica e percepção institucional dos impactos ambientais gerados na atividade

The search for a sustainable development is result of the exhaustion of the natural resources of the planet that demands globalizated politics with practical of compatible economic development with the protection of the quality of life for the future generations. This work presents a study on the thematic on the environmental liabilities in the organizations with focus in the industry of the oil and the production of oil in land in the state of Rio Grande do Norte. Some types of environmental liabilities are presented, as well as, some estimates techniques. Moreover, this work presents surveys of some variable that stimulate the organizations to implant technologies of reduction of the impacts in the environment as: the environmental legislation, costs, the main impacts of the production of oil in land. On the basis of the bibliographical research and in the identified variable, it was carried a case study with state and municipal technician that act in the sectors of fiscalization (IBAMA-RN and IDEMA-RN) with the objective to deepen the discussion regarding the impacts of the industry of the oil, the effectiveness of the current law, the performance of the institutions the federal level and how to prevent impacts in the environment. It was observed that the environmental liabilities are a little spread subject in the organizations, perhaps to be unknown and of few theoretical referencees at the national level, regarding to the evaluation techniques. At the same time, absentee in the national politics that conducts the oil exploration

Estudo de estratégias de otimização para poços de petróleo com elevação por bombeio de cavidades progressivas

The progressing cavity pump artificial lift system, PCP, is a main lift system used in oil production industry. As this artificial lift application grows the knowledge of it s dynamics behavior, the application of automatic control and the developing of equipment selection design specialist systems are more useful. This work presents tools for dynamic analysis, control technics and a specialist system for selecting lift equipments for this artificial lift technology. The PCP artificial lift system consists of a progressing cavity pump installed downhole in the production tubing edge. The pump consists of two parts, a stator and a rotor, and is set in motion by the rotation of the rotor transmitted through a rod string installed in the tubing. The surface equipment generates and transmits the rotation to the rod string. First, is presented the developing of a complete mathematical dynamic model of PCP system. This model is simplified for use in several conditions, including steady state for sizing PCP equipments, like pump, rod string and drive head. This model is used to implement a computer simulator able to help in system analysis and to operates as a well with a controller and allows testing and developing of control algorithms. The next developing applies control technics to PCP system to optimize pumping velocity to achieve productivity and durability of downhole components. The mathematical model is linearized to apply conventional control technics including observability and controllability of the system and develop design rules for PI controller. Stability conditions are stated for operation point of the system. A fuzzy rule-based control system are developed from a PI controller using a inference machine based on Mandami operators. The fuzzy logic is applied to develop a specialist system that selects PCP equipments too. The developed technics to simulate and the linearized model was used in an actual well where a control system is installed. This control system consists of a pump intake pressure sensor, an industrial controller and a variable speed drive. The PI control was applied and fuzzy controller was applied to optimize simulated and actual well operation and the results was compared. The simulated and actual open loop response was compared to validate simulation. A case study was accomplished to validate equipment selection specialist system