Responsabilidade socioambiental da empresa de petróleo e gás

Abstract

The context of reflexive modernization leads to question the role of traditional institutions, especially the Executive Power. It can be assumed that the model of risk society is reflected in changes in the law and economics of Brazil. The risks have become a constant and require replacements in the forms of social action, something Ulrich Beck calls subpolitics. The change is felt especially in sectors central to the economy, such as oil and gas, while the overall risks are felt in the environmental crisis. The change is felt especially in sectors central to the economy, such as oil and gas, while the overall risks are felt in the environmental crisis. Once institutions in Risk Society are taken to review its operations, the business receives the task of finding mechanisms to overcome the environmental crisis. The environmental responsibility of the companies will be required in return for the profits, especially for potentially polluting activities such as oil. . The precautionary principle, sustainable development and financial equation of the contract can be vectors for the adoption of environmental responsibility by the oil industry. But for it to be seen as a new public reason it must be shown that it can motivate the evolution of society as a whole. Rio+20 defined green economy as a new goal, especially in what concerns the potentially polluting activities. The main objective of this study is to investigate the regulation of oil and gas companies, especially about the possibility of adoption of environmental responsibility. It should be noted that it is intended to impose conservation and pro environment measures and actions, in addition to those already stipulated for legal or environmental licensing As secondary objectives are the analysis and a critique of social and environmental responsibility as public reason, the possibility of joint liability of financial institutions in compensation for environmental damage caused by the projects of oil and gas that they fund, and the study of environmental compensation under Law No. 9.985/2000 for the oil sector. The research aims to present possible solutions to the questions above, ensuring legal certainty for oil and gas companies, but at the same time seeks to increase the sustainability of the sector by proposing new rules that may be adopted in the bidding documents and concession contracts and sharing production. In times when the debate of the possibility of targeting the oil royalties is exclusively for education the study of legal measures to implement social and environmental responsibility in the oil sector becomes even more necessary