A regulação da explotação de hidrocarbonetos não convencionais frente ao perigo de contaminação das águas subterrâneas nacionais

Abstract

This research analyzes the regulation of unconvencionals hydrocarbons exploitation by fracking on national territory, considering the danger of national subterrain waters contamination. The recent prohibition of fracking technology use in Paraná and Santa Catarina provinces was responsible for increase the problem visibility, resulting in the tramitation of Law’s Project number 1.935, 2019, on parliament, objectiving the prohibition of fracking on National territory. For this reason, in view of complexity risks of socio-environmental damage resulting from fracking technology, the rise of environmental rationality and the need of a knowledge dialogue, the problem research starts from the following question: how Law can face the challenges of socio-environmental problems complexity resulting from the use of fracking technology on the national territory? In view of this, the research has the general objective of investigating the feasibility of banning fracking technology on national territory. As the especific objectives, this research seeks to debate the right of sustainable development as a fundament of racional use of energetic resources, affirm the contamination danger of subterrain waters in reason of fracking, infer the possibility of precaution principle application at unconvetional hydrocarbons exploitation regulation, and demonstrate the area and population percentual in risk after the 12º Bidding Round of Agência Nacional do Petróleo, Gás Natural e Biocombustíveis. In relation to methodology, the research presents, as approach method, the hypothetical-deductive, and the procedure method, the historical and comparative. This research presentes a qualitative approach and, in a modest way, quantitative, appearing as explanative and exploratory. To reach the objectives, this research adopts as procedure the bibliografy and documental search. As a result, it defends the thesis that the fracking has to be prohibited in all country, by the precaution principle application, considering the non-zero possibility of occurring ruin risks or socio-environmental catastrophes, arising from the affront to clean an safe water access right, as a corollary of the right to an ecologically balanced environment, healthy quality of life and sustainable development. The thesis now defended is unprecedented and original, since it performs a qualitative analysis of the risks of socio-environmental damage, based on the precaution principle, the prohibition of fracking in Paraná and Santa Catarina provinces, and the processing of Law’s Project number 1.935, 2019, on parliament, aiming to prohibit the use of fracking technology on national territory, having as main basis the need of the guarantee to fresh and clean water right, facing the danger of national groundwater contamination.