A viabilidade de criação de uma empresa estatal para gerir os recursos provenientes do "pré-sal ".

Abstract

This work studies the viability of a state company to administer the pre-salt resources, according to the law n° 12.304/10, that authorized the PPSA's constitution (Pre-Salt Petroleum S.A.) like a way to direct the resources gained with the pre-salt layer petroleum's exploration to the brazilian people benefit, generating investments in the areas of education, science and technology, health, environment, culture and fight against the poverty. It makes an explanation about the Indirect Public Administration operation and presents the state legitimacy to economy's intervening in the cases with relevant collective interest, since being expressly allowed by the Constitution, so the State assumes the position of economic activity explorer. It aims, therefore, to evidence that the Brazil owns a consolidated foreign policy, which does not agree anymore with the concession's contracts, and that Petrobras presents a high technology capacity of resources inflow to pre-salt exploration, making the profits be invested directly in our country, generating jobs and rent to our population. Finally, it presents the PPSA's creation as a way of guarantee that the most part of wealth from pre-salt petroleum's exploration stays in our country, emphasizing the change from concession contracts to sharing contracts, restoring the petroleum property to the State, making Petrobras the operator of all blocks again, and defends a Social Fund creation.