Judicialization of non-conventional fuels exploration: the case of shale gas extraction by hydraulic fracturing in the Paraná Geological Basin

Abstract

Shale gas, obtained through hydraulic fracking, have its exploration preview in the 12th Bidding Round from the Brazilian National Agency of Petroleum, Natural Gas and Biofuels – ANP (acronym in Portuguese), which mention the possibility of exploring non-conventional hydrocarbons (28/09/2013). Because of the lack of any prior discussion on specific regulations regarding the known environmental risks and impacts, the inclusion of non-conventional fuels in the blocs’ offer has motivated many lawsuits in courts which suspend the effects of the bidding round. The objective of the work is to analyze the judicialization of the conflict arising from the inclusion of shale gas exploration in the blocks offered in the region of the Paraná geological basin, located in the states of Paraná and São Paulo. It is a qualitative research based on the documental analysis of literature and the jurisprudence of the Federal Regional Courts (TRF) of the fourth and third region. The judicialization of this conflict occurred due to failures in the process of Public Administration environmental governance. A favorable scenario for judicialization was created due to legal steps and studies not being observed. Since the Government has unilaterally imposed on society a controversial exploitation without a regulatory framework or robust technical data, the judiciary emerged as a viable alternative in the pursuit of environmental security.