10.2.4 Preventing, Reducing and Controlling Pollution from
Activities on the Brazilian Continental Shelf
In Brazil, the Federal Constitution (Art. 225, analyzed supra) and ordinary legislation regulate the offshore oil and gas sector. For instance, the 1981 National
Environmental Policy brought about important rules on environmental responsibility
and liability.
112 In line with Art. 4, the Environmental Policy aims at imposing on
polluters the obligation to recover and compensate damages caused, and imposing
on users the obligation to pay contribution for the utilization of environmental
resources with economic purposes. The hydrocarbons’ industry fits like a glove
into this provision, which does nothing more than domestically ratify the polluterpays principle.
113
10.2.4.1 Offshore Oil and Gas Drilling
Domestically, the Brazilian Oil Act, no. 9.966/2000 affirms Brazil’s functional
jurisdiction to manage and conserve the marine environment under national jurisdiction—both with respect to prescriptive and enforcement jurisdiction. That
diploma is organized in titles that govern pollution prevention, control and response
systems, as well as the discharge of oil and other dangerous substances offshore. To
each of the malpractices, the Oil Act anticipates sanctions on three different dimensions: civil, administrative and criminal.
114
With respect to the prevention of offshore oil pollution, Art. 28 of the Brazilian
Oil Act enables the federal environmental agency, IBAMA, to define the location
and limits of ecologically sensitive areas, upon previous consultation with Brazilian
maritime authorities, a provision which is consistent with international regulations
on the matter, such as the Particularly Sensitive Sea Areas, as instituted by the IMO.
Additionally, when it comes to pollution reduction and control, the Brazilian oil
pollution preparedness and response framework, which is composed of National
Contingency Plans, determines that national plans be prepared through the consolidation of local and regional contingency plans.
Furthermore, the domestic Act which introduced the National Energy Policy
decreed that oil, natural gas and other fluid hydrocarbons existing within the national
territory—including mainland, territorial sea, continental shelf and the exclusive
112 The Policy was enacted by Act no. 6.938/1981, as discussed in the previous chapter.
113 The Polluter-Pays Principle was first formulated in 1972 by the Council of the Organization for
Economic Co-operation and Development (OECD). Since then, the principle has made it to several
international environmental agreements, in particular the Agenda 21, the 1992 Rio Declaration on
Environment and Development, the 1990 International Convention on Oil Pollution Preparedness,
Response and Co-operation (OPRC), as well as the 2015 Paris Agreement and others.
114 Art. 25, Brazilian Act no. 9.966/2000.
334
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...
Activities on the Brazilian Continental Shelf
In Brazil, the Federal Constitution (Art. 225, analyzed supra) and ordinary legislation regulate the offshore oil and gas sector. For instance, the 1981 National
Environmental Policy brought about important rules on environmental responsibility
and liability.
112 In line with Art. 4, the Environmental Policy aims at imposing on
polluters the obligation to recover and compensate damages caused, and imposing
on users the obligation to pay contribution for the utilization of environmental
resources with economic purposes. The hydrocarbons’ industry fits like a glove
into this provision, which does nothing more than domestically ratify the polluterpays principle.
113
10.2.4.1 Offshore Oil and Gas Drilling
Domestically, the Brazilian Oil Act, no. 9.966/2000 affirms Brazil’s functional
jurisdiction to manage and conserve the marine environment under national jurisdiction—both with respect to prescriptive and enforcement jurisdiction. That
diploma is organized in titles that govern pollution prevention, control and response
systems, as well as the discharge of oil and other dangerous substances offshore. To
each of the malpractices, the Oil Act anticipates sanctions on three different dimensions: civil, administrative and criminal.
114
With respect to the prevention of offshore oil pollution, Art. 28 of the Brazilian
Oil Act enables the federal environmental agency, IBAMA, to define the location
and limits of ecologically sensitive areas, upon previous consultation with Brazilian
maritime authorities, a provision which is consistent with international regulations
on the matter, such as the Particularly Sensitive Sea Areas, as instituted by the IMO.
Additionally, when it comes to pollution reduction and control, the Brazilian oil
pollution preparedness and response framework, which is composed of National
Contingency Plans, determines that national plans be prepared through the consolidation of local and regional contingency plans.
Furthermore, the domestic Act which introduced the National Energy Policy
decreed that oil, natural gas and other fluid hydrocarbons existing within the national
territory—including mainland, territorial sea, continental shelf and the exclusive
112 The Policy was enacted by Act no. 6.938/1981, as discussed in the previous chapter.
113 The Polluter-Pays Principle was first formulated in 1972 by the Council of the Organization for
Economic Co-operation and Development (OECD). Since then, the principle has made it to several
international environmental agreements, in particular the Agenda 21, the 1992 Rio Declaration on
Environment and Development, the 1990 International Convention on Oil Pollution Preparedness,
Response and Co-operation (OPRC), as well as the 2015 Paris Agreement and others.
114 Art. 25, Brazilian Act no. 9.966/2000.
334
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...