A New Law Wants to Eliminate Petrobras’ Privilege in the Pre-Salt, Promising to Change the Future of Oil Exploration in Brazil. Understand the Impact.
The Senate Infrastructure Commission approved, this Tuesday (10), the favorable opinion on the PL 3178/2019.
The proposal eliminates Petrobras’ preferential right to explore the pre-salt and relaxes the pre-salt exploration model between regimes of sharing and pre-salt concession.
The text now goes for analysis in the Economic Affairs Committee (CAE).
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The project repeals provisions of Law No. 12,351/2010, removing the state-owned company’s automatic right to operate blocks with at least 30% participation.
According to the rapporteur, Senator Marcos Rogério (PL‑RO), the privilege “stimulates opportunistic behavior by Petrobras” and harms competition “under equal conditions”.
How Sharing and Concession of the Pre-Salt Works
In the sharing regime, the Union owns the extracted oil, receiving a mandatory share of production via surplus.
In the concession regime, whoever wins the block retains all the oil, paying bonds, royalties, and taxes, a model more attractive to private companies.
The PL proposes a pre-salt exploration model that combines the two regimes.
High-potential fields remain mixed with the sharing regime, ensuring direct returns to the State.
Less attractive areas remain under concession, once again offering opportunities to unlock currently “stranded” lots.
Economic Impacts and Sector Reaction
The PL was presented as a way to boost auctions.
The rapporteur warned of declining interest from oil companies, centered on the depletion of promising blocks, and used data as a reference.
In the 4th PPSA Auction, on July 31, 2024, 37.5 million barrels were auctioned, raising about R$ 17 billion, R$ 2 billion above the initial estimate.
The next auction, on June 26, 2025, will have a record volume: 75.5 million barrels.
In April 2025, pre-salt production reached a new record: 3.734 million barrels of oil equivalent per day, representing 79.7% of national production.
On the other hand, the Unique Federation of Oil Workers (FUP) criticizes the proposal, calling the PL a “setback”, which weakens Petrobras’ role and reduces state control over a strategic asset.
History of the Pre-Salt Exploration Model
Implemented by the sharing regime in 2010, the pre-salt exploration model remains active today, including the creation of the PPSA in 2013.
It is estimated that the pre-salt layer contains about 80 billion barrels of oil equivalent, positioning Brazil among the largest global holders.
Expected Changes with the New Sharing and Concession Law for the Pre-Salt
Combining sharing for large fields and concession for smaller areas, the government seeks to attract investors and generate signing bonuses, royalties, jobs, and advancement in the service chain.
For federative entities, this represents immediate revenues.
On the other hand, there is concern: if sensitive blocks are ceded, there may be a loss of strategic control.
In this sense, the pre-salt exploration model proposes, on a case-by-case basis, to preserve strategic areas under sharing.
Proceedings of PL 3178/2019 in the Senate
After approval in the CI on June 10, 2025, PL 3178/2019 will go to the CAE, with the possibility of including amendments to define which blocks may be auctioned by concession, with socio-environmental or strategic criteria.
Subsequently, it will be reviewed by the CCJ before going to plenary.
Challenges for the Future of Sharing and Concession of the Pre-Salt
Brazil is experiencing an energy transition scenario, with pressures to reduce emissions and encourage renewables.
Therefore, the balance between sharing and concession of the pre-salt and investment in new technologies is crucial to ensure revenues, energy sovereignty, and continuity of investments.
Which model do you consider more advantageous for Brazil: one that privileges sovereignty and state control, or one that seeks to attract investments and unlock currently underutilized areas?

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