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Natural gas: conflict of competence between Federal Government and States; Gas natural: conflito de competencias entre os entes da federacao (Uniao versus Estados)

Abstract

This study examines the regulation of natural gas in Brazil: It is limited to the legal conflict due to the constitution of the republic which determines the distribution of competence between the Federal Government and the States. It introduces the controversy about the limits conferred on the Government by the constitutional law of 1988, related to the transport of natural gas by pipeline, in contrast to the power of states to exploit the services of gas by pipeline. It analyzes the operation of Project Gemini originated by the movement of gas by PETROBRAS in Sao Paulo, without the intervention of the state. The legal opinion favourable to the state argues that the term 'gas delivery services' according to the Brazilian Law leads to the understanding that the use of plural covers all services of gas flowing, without any limitation on the purpose, is a flexible destination (home, companies), or the type of the user. The argument against the state that says these services don't include the supply of gas to companies. In the past one could understand that the energy issue has always been controller by the Government on behalf of the people. It adds up to all this, the  More>>
Authors:
Meireles, Jose Antonio de Sousa [1] 
  1. Petroleo Brasileiro S.A, Rio de Janeiro, RJ (Brazil)
Publication Date:
Jul 01, 2008
Product Type:
Conference
Report Number:
ETDE-BR-1073
Resource Relation:
Conference: Rio oil and gas 2008 expo and conference, Rio de Janeiro, RJ (Brazil), 15-18 Sep 2008; Other Information: 11 refs. Codes: IBP2318_08; BR0903206.pdf
Subject:
03 NATURAL GAS; NATURAL GAS INDUSTRY; NATURAL GAS DISTRIBUTION SYSTEMS; PIPELINES; REGULATIONS; CONFLICTS OF INTEREST; LEGAL ASPECTS; INSTITUTIONAL FACTORS; NATIONAL GOVERNMENT; STATE GOVERNMENT; BRAZIL
OSTI ID:
21244879
Research Organizations:
Instituto Brasileiro de Petroleo, Gas e Biocombustiveis (IBP), Rio de Janeiro, RJ (Brazil)
Country of Origin:
Brazil
Language:
Portuguese
Other Identifying Numbers:
TRN: BR0903206
Availability:
Commercial reproduction prohibited; OSTI as DE21244879
Submitting Site:
BR
Size:
8 pages
Announcement Date:
Dec 11, 2009

Citation Formats

Meireles, Jose Antonio de Sousa. Natural gas: conflict of competence between Federal Government and States; Gas natural: conflito de competencias entre os entes da federacao (Uniao versus Estados). Brazil: N. p., 2008. Web.
Meireles, Jose Antonio de Sousa. Natural gas: conflict of competence between Federal Government and States; Gas natural: conflito de competencias entre os entes da federacao (Uniao versus Estados). Brazil.
Meireles, Jose Antonio de Sousa. 2008. "Natural gas: conflict of competence between Federal Government and States; Gas natural: conflito de competencias entre os entes da federacao (Uniao versus Estados)." Brazil.
@misc{etde_21244879,
title = {Natural gas: conflict of competence between Federal Government and States; Gas natural: conflito de competencias entre os entes da federacao (Uniao versus Estados)}
author = {Meireles, Jose Antonio de Sousa}
abstractNote = {This study examines the regulation of natural gas in Brazil: It is limited to the legal conflict due to the constitution of the republic which determines the distribution of competence between the Federal Government and the States. It introduces the controversy about the limits conferred on the Government by the constitutional law of 1988, related to the transport of natural gas by pipeline, in contrast to the power of states to exploit the services of gas by pipeline. It analyzes the operation of Project Gemini originated by the movement of gas by PETROBRAS in Sao Paulo, without the intervention of the state. The legal opinion favourable to the state argues that the term 'gas delivery services' according to the Brazilian Law leads to the understanding that the use of plural covers all services of gas flowing, without any limitation on the purpose, is a flexible destination (home, companies), or the type of the user. The argument against the state that says these services don't include the supply of gas to companies. In the past one could understand that the energy issue has always been controller by the Government on behalf of the people. It adds up to all this, the economy, high investments and great volume of gas for marketing that makes up the logic of this market, therefore justifying the construction of an own pipeline structure. (author)}
place = {Brazil}
year = {2008}
month = {Jul}
}