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The TRF1 Denied Requests from the Municipality of Lamarão (BA) to Receive Oil Royalties, Upholding Arguments from the AGU and the ANP Regarding the Absence of Installations in the Territory. The Decision Reinforces Technical Criteria and Protects the Public Interest in the Distribution of Resources.
The Attorney General’s Office of the Union (AGU) achieved an important judicial victory by blocking the improper payment of royalties from oil and natural gas to the municipality of Lamarão, in Bahia. The decision, made by the 11th Panel of the Federal Regional Court of the 1st Region (TRF1), confirmed the actions of the National Agency of Petroleum, Natural Gas and Biofuels (ANP) and unanimously rejected all requests from the municipality.
The hearing, held on October 27, considered the arguments of federal prosecutors, who demonstrated that there are no loading, unloading, or transportation facilities for oil and natural gas in Lamarão territory. Thus, the city’s claim to be included among the municipalities benefiting from the distribution of royalties was dismissed.
Dispute Had Been Ongoing Since 2008
The case began in 2008, when Lamarão went to court claiming to have loading and transfer facilities for oil and natural gas — both on land and in areas of the continental shelf. The municipality also challenged ANP Resolution No. 29/2001, arguing that the regulation exceeded its authority by limiting the distribution of royalties only to cities located within concession areas.
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However, in 2011, the 6th Federal Court of the Judiciary Section of the Federal District had already ruled the request unfounded due to lack of evidence. Dissatisfied, the municipality appealed the decision and brought the case to the TRF1.
During the process, the AGU reinforced that the municipality did not provide any technical evidence of the alleged facilities. Furthermore, it withdrew from conducting the inspection ordered by the court and did not pay the court costs. This omission, according to federal prosecutors, demonstrated the weakness of the arguments presented.
Evidence Presented Reinforces ANP’s Position
Based on official documents, the ANP demonstrated that the oil and natural gas produced in Bahia do not pass through Lamarão. Maps and technical records confirmed that the municipality is only adjacent to the production zone, and not an effectively producing area.
Even so, Lamarão already receives a small compensation: 5% of the royalties related to maritime production in the state. This share is provided for in Article 48 of Law No. 9.478/97, in Article 7 of Law No. 7.990/89, and in Decree No. 1/1991, which define the sharing criteria among federal entities affected by the exploration of natural resources.
Additionally, a letter from the ANP itself confirmed that, since May 2022, the Lamarão Station has ceased to be included in the production from the Cambacica Field, reinforcing that there is no longer a technical link with the region’s oil operation.
Decision Strengthens ANP’s Regulatory Role
For the subcoordinator of the Regulatory Unit of the 1st Region, Rafaela Chaves, the ruling represents a step forward in valuing the technical work of the ANP. “The ruling prevents the impact of improper and increased payment to the municipality, which would greatly harm the distribution to the other regular beneficiaries of the royalties, thus undermining the public interest in general,” she emphasized.
The prosecutor also pointed out that oil royalties are part of a complex and sensitive system that compensates states and municipalities for the socio-environmental impacts of the exploration of energy resources. Therefore, decisions based on evidence and technical criteria are essential to ensure fairness in the division of amounts.
With the TRF1 decision, the ANP’s role is strengthened, reaffirming its regulatory role in managing oil resources and ensuring the proper application of sectorial legislation that addresses the issue.
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