The Supreme Federal Court has scheduled for this Wednesday (6) the trial of the law that alters the distribution of oil royalties in the country, resuming a discussion that has been suspended for more than a decade and that could cause billionaire impacts, especially for producing states like Rio de Janeiro.
The legislation, approved by Congress in 2012, provides for a significant redistribution of resources from oil and natural gas exploration. According to the proposal, non-producing states and municipalities would receive a larger share of these funds, reducing the portion allocated to producing regions.
Currently, producing states and municipalities receive about 61% of the royalties. If the new rule is deemed constitutional, this percentage would fall to 26% after a seven-year transition period. Non-producing entities would then receive 54% through a special fund.
Direct impact on producing states
Rio de Janeiro is identified as the state most affected by the potential change. This is because it accounts for approximately 86% of the national oil production and 76% of natural gas production.
Studies indicate that the state and its municipalities could lose around R$ 21 billion per year in royalties and special participation revenues, which would directly affect public finances and investments.
Furthermore, entities in the productive sector warn of repercussions for the economy. Fecomércio RJ estimates that the change could lead to the loss of up to 300 jobs in the commerce and services sectors.
Debate on financial compensation
The discussion at the Supreme Federal Court revolves around the role of royalties. According to the Constitution, the Union, states, the Federal District, and municipalities have the right to participate in the results of the exploitation of natural resources.
Experts argue that royalties serve as financial compensation for the impacts of the activity, especially in the producing states.
"If we start from the principle that royalties are financial compensation for the impacts caused by exploration, then altering this concept means ceasing to compensate and starting to distribute," stated the former director of the National Petroleum Agency, David Zylbersztajn.
On the other hand, representatives from non-producing municipalities defend redistribution, arguing that oil is a federal resource and should benefit the entire Brazilian population.
Redistribution and collection
Another point raised by representatives of the industrial sector is that non-producing states already benefit from tax revenue related to oil. This is because the ICMS (a Brazilian state tax) on fuels is levied at the destination, not at the origin of production.
According to data presented by entities in Rio, this system already represents a significant redistribution of resources to other states in the federation.
The Supreme Court ruling could redefine the model for distributing royalties in Brazil and directly impact the fiscal balance of states and municipalities.
The decision should also influence the debate on federal justice and the role of financial compensation in the exploitation of natural resources.
After more than 13 years of stalemate, the resumption of the discussion puts billions of reais at stake and opens a new chapter in the dispute between producing and non-producing states.
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