Distribuição de royalties no Brasil

PANORAMA HISTÓRICO E AS PROPOSTAS DE REFORMULAÇÕES

Abstract

The term "royalty" comes from French and is related to privileges granted by royalty. In Brazil, royalties from the exploitation of natural resources have been an important source of revenue for states and municipalities located in producing areas, such as hydroelectric plants, minerals, and oil, since the 1950s. On the other hand, evidence shown by public data made available by the respective regulatory agencies points to the concentration of financial gains in a few states and municipalities, raising questions about the relevance of the current distribution model. This work aims to analyze the historical and normative evolution of royalties from the exploitation of natural resources in Brazil from the Petroleum Law of 1953 to current legal disputes, motivated by the redistribution of resources proposed by Law No. 12,734/2012. To contextualize royalties in Brazil and their sharing model, research was conducted on legislation, databases of regulatory agencies, and data collected from the 2022 Demographic Census of IBGE. The research identified that the distribution of these resources among federative entities has notable imbalances, with greater concentrations in the states of Paraná (hydro), Minas Gerais and Pará (mining) and Rio de Janeiro (oil) have a greater concentration of royalties compared to other resources, with a higher preponderance of oil royalties compared to others.