Oil and petroleum products transportation by pipeline

constitutional and legal aspects

Abstract

Constitutional Amendment No. 9/95 allowed for the relaxation of the monopoly on activities related to the Oil and Natural Gas Industry (IPGN), triggering Brazil's insertion into the globalized market for this essential raw material for all segments of the Contemporary Age. From this perspective, the focus was on a fundamental branch of the entire IPGN: pipeline transportation. The objective was to systematically discuss a large part of the regulatory aspects pertaining to this industrial segment, outlining the requirements for the insertion of business entities in the sector, and problematizing points such as the requirement of exclusivity of the corporate purpose by companies or consortia seeking authorization from the National Agency of Petroleum, Natural Gas and Biofuels (ANP); the analysis deadlines set by the ANP in case of delays in the construction schedule of the authorized company; and the reporting of incidents. The transfer of ownership, free access, penalties, among other things, are discussed. Methodologically, the study began with a historical examination of the IPGN (Brazilian Petroleum and Natural Gas Institute), introducing the reader to the relevance of the research. Following this, based on the Federal Constitution and infra-constitutional legislation, a practical research was developed, guided by examples that facilitate understanding. As a result, a critical systematization of the provisions relating to the transportation of petroleum and its derivatives was produced.