States dispute maritime limits for oil royalties

The impasse around the boundaries of the maritime territory between Santa Catarina, Paraná and SAO Paulo entered the agenda of the Supreme Court (STF). In the process since the end of 1991, the original Civil Action (ACO) 444 was proposed by the Government of Santa Catarina and disputes the limits of the maritime territory established in 1986 by the Brazilian Institute of Geography and Statistics (IBGE).

The Santa Catarina government came in with the ACO because it understood that the IBGE made the "arbitrary" strokes, generating "huge losses" to the state. In addition to determining that the IBGE retraces the course, the rapporteur proposed the condemnation of Paraná and Sao Paulo to reimburse Santa Catarina for the oil royalties that benefited them during the period that enforced the markings.

The Paraná, however, does not want to change. Currently, even with a concave profile, the coast of Paraná has access to the continental part, to the limit of the Brazilian maritime territory. In other words, the IBGE takes into account not only the orthogonal lines that leave the beginning and the end of the Parana coast, but also the distance between the Paraná coast and the Brazilian maritime boundary.

IBGE is responsible for defining maritime currencies since 1986. The body recognizes that there were problems in the trace, from the guidelines established in the 80, but it justifies that it has already proposed an alternative. "By applying the methodology across the Brazilian coast, it was found that the orthogonal lines between the states of Sao Paulo, Paraná and Santa Catarina, as well as between the states of Maranhão, Piauí and Ceará, were crossed before touching the continental platform, besides generating An area of overlap between states. The two situations were unexpected (…). Considering that there is no trivial and immediate solution from the simple application of the legal text, IBGE has generated a technical solution that solves the issue, "said IBGE, in a demonstration to the STF, in mid-2015.

But the 2015 of IBGE's suggestion – equal division of royalties in overlapping areas – was rejected by the parties, including by Paraná. "The criterion now brought by the IBGE moves away from what is determined by the legislation in force and implies the loss of virtually all the royalties either for Santa Catarina or for Sao Paulo," wrote the state's attorney for Paraná Cesar Augusto Binder, in Demonstration to the STF.

Using the methodology of 1986, Paraná is linked to the fields of production of shark, starfish and Coral. It also divides the production field of Caravela with the nearby Santa Catarina. If the new IBGE proposal was welcomed, Paraná would only be with starfish and caravela, and still dividing such fields of production with Sao Paulo and Santa Catarina. Source: People Gazette

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