A preferência dos utentes de direitos preexistentes no âmbito da exploração de petróleo e gás natural na Bacia do Rovuma

Abstract

This TFC focuses on the study of the right of first refusal granted to users of pre- existing rights following the renunciation of an oil operations licence, under paragraph 3 of article 10 of the Petroleum Law, Law n.o 21/2014, of 18 August, published in BR N.o 66, Series I. An analysis of the aforementioned Law reveals a legislative omission regarding the definition of the term “user of pre-existing rights.” Paragraph 1 of article 10 of the same Law establishes that the State holds the rights to land use and benefit, as well as pre-existing rights. Doctrine suggests that a sovereign State cannot be considered a “user,” as the term is traditionally reserved for individuals or legal entities distinct from the State Administration, except in cases where they are stripped of their authority. Additionally, paragraph 3 of Article 10 provides that, in cases where the user is unable to exercise the right of first refusal, their heirs may do so. This further supports the argument that the term “State” in paragraph 1 of Article 10 does not refer to a “user,” since the State, as an entity promoting collective interests, does not have heirs. It is also relevant to highlight that succession presupposes the death of the predecessor, which is inapplicable to the State, a perpetual entity