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Redefinition Of Oil Royalties: Supreme Court Sets Deadline For IBGE And RJ Cities Could Lose Millions

Written by Caio Aviz
Published on 26/05/2025 at 17:36
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Understand How a New Measurement from IBGE Can Change the Financial Future of Niterói, Maricá, São Gonçalo, and the Fluminense Capital

The Federal Supreme Court established a deadline of 80 days for the Brazilian Institute of Geography and Statistics to present a new technical survey. This study will be essential for reviewing the territorial limits of municipalities in the Rio de Janeiro Metropolitan Region. Consequently, the distribution of royalties from oil and natural gas may be revised, promoting a fairer and more proportional distribution among the cities involved.

Reconciliation Between Municipalities and Active Participation of the STF in Search of Consensus

During a reconciliation hearing held on May 22, 2025, the STF gathered the mayors of Niterói, São Gonçalo, Rio de Janeiro, Maricá, Magé, and Guapimirim. In this meeting, it was decided that IBGE must deliver the preliminary technical study within the established timeframe. Additionally, the municipalities should maintain dialogue to enable a joint and transparent solution that minimizes potential budgetary losses. This collaborative approach aims to avoid future legal impasses and ensure fairness in local public finances.

Municipalities Assess Financial Impacts and Propose Creation of an Intermunicipal Fund

The city of Niterói, which may be strongly affected by the redistribution, proposed an intermunicipal fund. The suggested amount is up to R$ 350 million, aimed at compensating potential revenue losses. The municipality warned of the possibility of an 11% reduction in its annual budget if the new division comes into effect. Maricá projects a 4% loss, while the fluminense capital, Rio de Janeiro, would have a smaller impact of around 0.5%. The proposals were received with caution but also with a willingness to negotiate.

History of the Legal Dispute and Previous STJ Decisions on Royalties

The controversy over royalties began in 2022 when different entities filed injunctions against the technical criteria used by IBGE. In April 2025, the Superior Court of Justice denied an appeal from Magé, Guapimirim, and São Gonçalo. This decision upheld the current distribution model, preventing cities like Niterói, Maricá, and Rio de Janeiro from losing a significant portion of their revenues from offshore exploration. This sequence of decisions reinforces the need for accurate data to support future definitions.

Dispute Over Oil Royalties Has Been Ongoing Since 2022 and Recently Had a Decision from the STJ

IBGE, therefore, technically justified the continued inclusion of Niterói as a beneficiary of royalties, as the city meets fundamental criteria defined by regulation. Additionally, the municipality has a wide coastal strip, positioning it favorably in relation to oil fields located offshore. While other factors are relevant, this geographical aspect stands out due to its direct influence on oil activities. Furthermore, there is specialized port infrastructure and logistical bases oriented toward maritime operations. With all these elements, IBGE supports the inclusion of the city in the Main Production Zone. This classification is essential for maintaining the current public revenues of the municipality.

IBGE Technical Study Is Decisive for the Future Division of Royalties in the State of RJ

The new technical study was recently presented. The STF will likely schedule a hearing. The parties involved seek to promote dialogue constructively. During the meeting, participants should evaluate the results while discussing the feasibility of reaching a definitive agreement among the municipalities. It is hoped that the redesign of municipal boundaries will provide, albeit gradually, a fairer and more balanced redistribution of royalties. Furthermore, the measure could favor local budgetary stability while simultaneously strengthening the integration among metropolitan entities. Finally, the mayor of Rio de Janeiro emphasized this point during the public hearing. The mayor of São Gonçalo also reinforced the same issue.

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Caio Aviz

I write about the offshore market, oil and gas, job opportunities, renewable energy, mining, economy, innovation and interesting facts, technology, geopolitics, government, among other topics. Always seeking daily updates and relevant subjects, I provide rich, substantial, and meaningful content. For content suggestions and feedback, please contact me at: avizzcaio12@gmail.com.

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