xyz2900
(New Member)
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Post by xyz2900 on Feb 11, 2024 9:53:00 GMT
The National Petroleum Agency, in bidding for oil concessions, is demanding, as part of all the conditions placed on interested parties, that interested parties contract the necessary services and purchases from Brazilian companies. We observe there, and this happens reasonably frequently in Brazil, how the public authorities go to great lengths to act, in defiance of the law, in disregarding, in their more narrow-minded political desiderata, basic rules of administrative law that guide state action. Nothing in law 9,478/97, the well-known petroleum law, allows the ANP to make such demands. After all, the specific monopoly is now constitutionally granted to the Federal Union (article 177, I), owner of the deposits of oil, gas and other fluid hydrocarbons in the country (article 3 of Law 9,478). It is up to the ANP, a government agency, as its own arm of the Federal Union, to grant, through public bidding, concessions for oil and natural gas exploration, development and production activities (article 23 of Law 9,478). The parameters of this bidding are outlined in the law, and nothing is required such as compulsory contracting of services and works in the country. The main Belize Email List parameter of article 37 XXI of the Charter of 88 establishes that, in contracts with the Public Power, the “bidding process”, “will only allow technical and economic qualification requirements essential to guarantee compliance with obligations”. On the other hand, article 3, paragraph 2 of the matrix law on public bidding in Brazil, in the country (law 8.666/93) declares that public agents are prohibited. Admit, foresee, include or tolerate, in contracting acts, clauses or conditions that compromise, restrict or frustrate their competitive nature and establish preferences or distinctions due to the place of birth, headquarters or domicile of the bidders or any other circumstances impertinent or irrelevant to the specific object of the contracts”. Attention is drawn, therefore, to the illegality of these ANP requirements, which could result in the cancellation of its bids for the exploration of oil fields. Of course, everyone wants and prefers that concessionaires contract as many services and purchases here as possible — and in fact, they tend to do so for reasons of obvious circulation and economic optimization — but basing claims on these xenophobic and absurd demands only reveals the how much the Federal Power subverts, via the ANP, the legal rules applicable to the matter.
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