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The oil and gas sector is one of the most strategic and complex areas of the Brazilian economy, governed by sector-specific rules, extensive regulation and high-value contracts. In this environment, engaging a team with in-depth knowledge of oil and gas law is essential to mitigating risk and making sound decisions. TAGD Advogados advises companies, investors and service providers at every stage of the value chain, from upstream to downstream. We draft and review specialized agreements, conduct strategic negotiations and issue legal opinions on Exploration and Production regimes, including Concession, Production Sharing and Transfer of Rights. We also assist clients in their dealings with agencies and authorities such as the ANP, MME and CNPE, with particular attention to local-content requirements and the specific features of Brazil’s pre-salt reserves. Through a practical approach grounded in our clients’ day-to-day business, we help turn a challenging regulatory environment into tangible growth opportunities, ensuring legal certainty for every operation carried out in Brazil.
Oil and gas law encompasses the statutes, contracts and regulatory rules governing the exploration, production, transportation, refining and marketing of hydrocarbons. It spans the entire industry value chain, from upstream operations involving the search for and extraction of oil and gas to downstream activities involving refining and the distribution of products to end consumers. Because these activities entail significant risk and investment, this practice requires sophisticated technical knowledge and continuous monitoring of the regulatory landscape.
In Brazil, this field is characterized by extensive government regulation. The Petroleum Law (Lei do Petróleo — Law No. 9.478/1997) created the National Agency of Petroleum, Natural Gas and Biofuels (ANP) and established the Concession regime, while Law No. 12.351/2010 introduced the Production Sharing regime, which is central to pre-salt areas. These frameworks are complemented by the Transfer of Rights regime and by guidelines issued by the National Energy Policy Council (CNPE) and the Ministry of Mines and Energy (MME), which are responsible for defining sector policy and local-content requirements.
TAGD Advogados helps companies and investors navigate this environment with confidence. We draft agreements such as Joint Operating Agreements (JOAs), Farm-out Agreements and Gas Sale Agreements, conduct strategic negotiations and issue legal opinions on the various Exploration and Production regimes. If your company operates or plans to operate in the oil and gas sector, speak with a TAGD specialist to learn how we can support every stage of your project.
Q: What is oil and gas law?
A: It is the field of law governing the statutes, contracts and regulatory rules applicable to the exploration, production, transportation, refining and marketing of oil and natural gas in Brazil.
Q: What are the Exploration and Production regimes in Brazil?
A: The principal regimes are Concession, Production Sharing, which applies to pre-salt areas, and Transfer of Rights. Each is governed by its own statutory rules and regulated by the ANP.
Q: What are local-content requirements in the oil and gas sector?
A: They require that a portion of the goods and services used in projects be procured in Brazil. The ANP monitors compliance with this requirement under sector contracts.
Q: How can TAGD assist my company in the oil and gas sector?
A: TAGD provides advice from upstream to downstream, drafts specialized agreements, conducts negotiations and assists clients in their dealings with the ANP, MME and CNPE.
Q: What are Brazil’s pre-salt reserves, and why are they subject to specific rules?
A: The pre-salt is a region containing major oil reserves in deep geological layers off the Brazilian coast. Given its strategic importance, much of its exploration is governed by the Production Sharing regime established by Law No. 12.351/2010.
Q: Why are specialized agreements so important in the oil and gas sector?
A: Because sector operations involve substantial investment, technical obligations and complex risk allocation, requiring precise contractual instruments tailored to the relevant activities.
Q: How does ANP regulation affect oil and gas projects?
A: It affects public tenders, local-content requirements, field operations, transportation, marketing and compliance with legal obligations, directly influencing a project’s commercial viability.
Q: When does a company need oil and gas legal counsel?
A: From project structuring, contract negotiations and dealings with the ANP through to disputes and restructurings involving upstream and downstream activities.
Une a qualidade e a proximidade de um escritório boutique à agilidade de uma banca moderna, entregando serviços jurídicos sob medida com abordagem pragmática, direta ao ponto e linguagem empresarial.
TAGD Advogados (Terciotti Andrade Gomes Donato Advogados) is a multidisciplinary business law firm with more than 10 years of experience, offices in São Paulo, Rio de Janeiro and Belém, and partners throughout Brazil and abroad. Our practice encompasses corporate law, tax, energy and dispute resolution, led by partners Maurício Terciotti, Daniel Andrade, Edgar Gomes and Raphael Donato. We combine the personal attention of a boutique firm with the agility of a modern practice, delivering tailored legal counsel through a pragmatic, business-oriented and results-focused approach.
Office Hours:
Sunday: Closed.
Monday: 09:00–19:00.
Tuesday: 09:00–19:00.
Wednesday: 09:00–19:00.
Thursday: 09:00–19:00.
Friday: 09:00–19:00.
Saturday: Closed.
Data Protection Officer (“DPO”): Patricia Barcellos
Deputy Data Protection Officer: Wagner Barros
Email: compliance@tagdlaw.com.br
