Análise do Repetro-Sped enquanto instrumento de atratividade de investimentos e promoção do desenvolvimento do setor petrolífero no Brasil

Abstract

This work analyzes Repetro-sped as an instrument for attracting investment and promoting the development of the oil sector in Brazil. The relevance of the research lies in explaining what justifies REPETRO as a special regime, demonstrating its importance in the economic viability of oil projects in Brazil, its socioeconomic impacts, investigating the plausibility of tax waivers with the application of the regime, and proposing ways to increase efficiency. Therefore, the problem that guides the research is: is REPETRO as a tax incentive that relieves the burden on the oil industry justifiable, given the amount that the Brazilian State fails to collect? Is this tax waiver plausible? These questions are relevant, since the tax waiver via REPETRO reaches large amounts, requiring justification based on socioeconomic objectives and the need for economic activity viability. Thus, the research initially aimed to bring international regulatory and fiscal paradigms, noting that there is a global pattern of practices between host governments and the oil industry, continuing the research with the description of the oil production chain and analysis of Brazilian regulation. Next, the objective was to describe the Brazilian tax treatment of the oil chain (upstream and downstream), focusing on REPETRO, until reaching the Tax Reform and controversies of the Selective Tax. Sequentially, the objective was to analyze the economic viability of oil projects, using NPV and IRR, and to present economic models made by specialized authors, comparing scenarios with and without REPETRO, as well as to demonstrate the impacts of the regime, in addition to criticisms regarding management. Ultimately, the aim was to investigate the structure and legitimacy of a special regime, analyze REPETRO as a tax that induces development, verify how oil is situated in the context of the energy transition and examine the regime from the perspective of the Economic Analysis of Law. Based on a review of international literature on oil regulation (such as Johnston, Tordo, Igalliu), analysis of legislation, collection of data from official bodies (such as RFB, TCU, ANP) and institutions relevant to the sector (such as IBP, ABESPetro, ABPIP), survey of published economic models (such as Coimbra and Almeida, Nogueira, Ferreira and Duque), as well as support from the bibliography of Tax Law and Law and Economics, the research was carried out in order to fulfill the proposed objectives. Finally, the hypothesis is that REPETRO is a complex of regimes necessary for the attraction of investments and development of the oil sector in Brazil.