Experimentalismo na regulaçãoanálise de um regime colaborativo na indústria de óleo e gás brasileira

Resumo

The purpose of this paper is to analyze and contribute to the debate on different institutional designs to be applied for the better performance of certain regulatory practices. In this sense, the paper initially dealt with aspects of the regulatory model understood as experimentalism, as it understands that it is an interesting model to be applied in environments full of uncertainties and risks, in order to provide the greatest collaboration between regulators and
 private agents. The model places special emphasis on decentralization, combined with constant monitoring and collaboration between public and private agents. Then, it was analyzed the applicability of this model in the oil and gas sector and, particularly, in the operational safety
 practice of the upstream segment, which includes the exploration and production of oil and gas. The choice of this sector as an object of analysis is due to the fact that it is full of intrinsic risks to the entire production chain, which, as assumed, generates a greater environment of
 uncertainty, ideal for considering an experimentalist regulation. Furthermore, it is understood that there already are elements in the regulation and recent initiatives of the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) that are compatible with the institutional design desirable by the experimental model. However, throughout the paper, considerations were made regarding aspects of the Brazilian legal system, such as the emphasis on the principles of precaution and prevention, which
 require caution in considering the experimental regime in the oil and gas sector. Finally, it will be suggested that even if there is evidence of this regime in the regulation, the efficiency in the monitoring and inspection by the regulatory bodies appear to be precarious, in such a way that undermine the consideration of the model as an interest practice for the oil and gas sector

Ficha do documento

Tipo

Outro

Ano

2020

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/31045

Temas

Desenvolvimento EconômicoAdministração Pública

Palavras-chave

ExperimentalismoRegime experimentalistaDesenho InstitucionalModelo regulatórioDescentralizaçãoColaboraçãoAprendizagemFiscalizaçãoMonitoramentoAdministração pública indiretaANPPrincípio da precauçãoPrincípio da prevençãoIncidentesSegurança operacionalDireitoPetróleoGás naturalAgência Nacional do Petróleo (Brasil)