Oil And Gas | Featured News | June 2026

Brazilian Federal Revenue Service and PGFN Expand Enforcement of the Habitual Tax Debtor Law to the Fuel Sector

Brazilian Federal Revenue Service and PGFN Expand Enforcement measures under Complementary Law No. 225/2026, known as the Habitual Tax Debtor Law to the Fuel Sector.

The Brazilian Federal Revenue Service (Receita Federal) and the Office of the Attorney General of the National Treasury (PGFN) have initiated the second phase of enforcement of the Habitual Tax Debtor Law, now targeting the fuel sector. In this stage, 61 companies have been notified, collectively holding approximately BRL 30.7 billion in outstanding federal tax liabilities.

The selection of the sector is based on the recurrence of tax delinquency practices and their impact on market competition. The notified companies have 30 days to regularize their situation through payment or installment agreements, restoration of their financial capacity, or the submission of an administrative defense. During this period, they may demonstrate that they do not fall within the classification of habitual tax debtors, a category intended for companies that systematically use tax non-payment as a business practice.

If no corrective action is taken, or if the defense is rejected, several restrictions may be imposed, including registration in the Federal Government’s Credit Information Registry (Cadin), prohibition from contracting with public entities, restrictions on entering into tax settlement agreements, and the loss of tax benefits. The legislation also provides for more severe measures, including the declaration of the company’s taxpayer registration number (CNPJ) as inactive, restrictions on access to judicial reorganization proceedings, and, in certain circumstances, the conversion of judicial reorganization into bankruptcy.

The Habitual Tax Debtor Law establishes objective criteria for this classification, covering taxpayers with significant, repeated, and economically unjustified tax delinquency.

ABEP Challenges Crude Oil Export Tax Before the Federal Supreme Court

The Brazilian Association of Oil and Gas Exporters (ABEP) filed ADPF No. 1325 before the Federal Supreme Court (STF) to challenge the collection of the Export Tax (IE) on crude oil exports carried out while Provisional Measure No. 1,163/2023 was in force. The case has been assigned to Justice André Mendonça.

ABEP argues that the imposition of the tax, at a rate of 9.2%, served a predominantly revenue-raising purpose, aimed at offsetting losses arising from fuel tax relief measures, rather than an extra fiscal purpose, which is characteristic of the Export Tax. According to the association, this use distorts the constitutional nature of the tax.

The association also argues that Provisional Measure No. 1,163/2023 lapsed because it was not converted into law by the Brazilian Congress. Therefore, ABEP maintains that the effects produced during its effective period should be invalidated, rendering the charges based on the provisional measure undue.

In its request for interim relief, ABEP seeks the suspension of court decisions that have upheld the validity of the tax collection, as well as the suspension of administrative and judicial collection measures, including registration as federal overdue tax debt, tax enforcement lawsuits, and the inclusion of taxpayers in Cadin.

On the merits, the association seeks a declaration that the collection of the Export Tax established by Provisional Measure No. 1,163/2023 is unconstitutional, alleging violations of the principles of tax legality, legal certainty, proportionality, ability to pay, and free enterprise.

ANP Releases the Bonsucro-RenovaBio Operator Guide

On June 10, 2026, ANP released the Bonsucro-RenovaBio Operator Guide, developed in partnership with Bonsucro, a global voluntary sustainability platform focused on the sugarcane supply chain. The document aims to support sugarcane ethanol mills and producers in collecting, organizing, and using the data required for Bonsucro and RenovaBio certifications – RenovaBio being the national biofuels policy established by Law No. 13,576/2017, regulated by ANP by RANP 984/2025.

The guide is intended as a reference for best practices and does not alter or replace applicable regulations, nor does it guarantee approval in certification processes. Its focus is on harmonizing the data and evidence used in both systems, especially those related to the calculation of greenhouse gas (GHG) emissions, with the aim of reducing rework, ensuring greater consistency of information, and improving efficiency in audit processes.

Among the key points, the report compares eligibility criteria, certification bodies, audit cycles, monitoring, and the use of the Bonsucro and RenovaCalc calculators. The document highlights significant differences between the systems: while Bonsucro adopts a broader approach to environmental, social, and economic sustainability, RenovaBio focuses on carbon intensity (a mandatory element of the certificates), biomass eligibility, and the generation of CBIOs.

For the biofuels sector, the main highlight is the possibility of creating a single agricultural and industrial database, with information broken down by farm, field, period, product, and unit of measurement. The guide indicates that this structure may allow for the use of evidence common to both certifications, provided that differences in scope, calculation period, and methodological treatment are taken into account – for example, in the use of data on fuels, electricity, fertilizers, limestone, vinasse, filter cake, burned sugarcane, and ethanol and sugar production.

MPF and MPSP File Public Civil Action Against the Licensing of Phase 4 of the Pre-Salt in the Santos Basin

On June 15, 2026, the Federal Public Prosecutor’s Office (“MPF”) and the São Paulo State Public Prosecutor’s Office (“MPSP”) jointly filed a Public Civil Action against Petróleo Brasileiro S.A. – Petrobras and the Brazilian Institute of the Environment and Renewable Natural Resources (“IBAMA”) before the Federal Court in São Paulo, SP. The target is the environmental licensing process for Phase 4 of the pre-salt development, which encompasses the development of 10 production units in the Santos Basin.

Last year, IBAMA issued Preliminary License (“LP”) No. 672/2025 approving the location and design of the “Oil and Natural Gas Production and Transportation Activity of the Santos Basin Pre-Salt Complex – Phase 4.” However, the Federal Public Prosecutor’s Office (MPF) and the São Paulo State Public Prosecutor’s Office (MPSP) challenge the decision-making process that led to the issuance of the aforementioned LP, arguing that the environmental licensing process failed to demonstrate the project’s environmental viability, particularly its climate viability. The complaint states that the plaintiffs began monitoring the proceedings following the publication of the Environmental Impact Study and the Environmental Impact Report (“EIA/RIMA”), based on proposals for a climate approach and climate assessment in environmental licensing published by the Brazilian Association of Members of the Public Prosecutor’s Office for the Environment (“ABRAMPA”), notably the Proposal for a Climate Change Approach in Environmental Licensing and the Climate Assessment in Environmental Licensing.

The central argument revolves around Scope 3 greenhouse gas emissions – that is, indirect emissions that occur throughout the project’s entire value chain and, generally speaking, outside its direct operational control. The authors argue that the project’s climate viability would depend on demonstrating that the project’s total emissions are compatible with the climate targets Brazil has committed to at the national and international levels, including an inventory and assessment of Scopes 1, 2, and 3, as well as a detailed roadmap for achieving climate neutrality by 2050. Furthermore, it is argued that the validity of the Preliminary License would also require an assessment of the climate impacts on ecosystem services and the submission of a Climate Change Program by the developer.

According to the Federal Public Prosecutor’s Office (MPF) and the São Paulo State Public Prosecutor’s Office (MPSP), these requirements were issued by IBAMA to the developer but were not fully met. Nevertheless, the Preliminary Permit was issued, with the discussion postponed to the Installation Permit phase, which, in the plaintiffs’ view, contradicts the very legal nature of the Preliminary Permit, which presupposes proof of environmental feasibility as an intrinsic condition for its issuance.

In their motion for an emergency injunction, the plaintiffs requested the immediate suspension of the effects of Preliminary License No. 672/2025 and any other licenses arising from it, until Petrobras demonstrates, in the licensing process, full compliance with all of IBAMA’s requirements related to the project’s climate management. Alternatively, they request that IBAMA be barred from issuing any Installation License for Phase 4. On the merits, the Federal Public Prosecutor’s Office (MPF) and the São Paulo State Public Prosecutor’s Office (MPSP) seek the definitive annulment of the Preliminary License and an order requiring IBAMA not to issue a new Preliminary License until the specified technical requirements are fully met; alternatively, they seek a prohibition on the issuance of any Installation License as long as the alleged non-compliance persists.

On June 18, 2026, the Court issued a ruling ordering IBAMA and Petrobras to respond to the request for emergency relief within 5 days. The decision on the preliminary injunction, therefore, is pending and is expected to be issued after the respondents have filed their responses.

It should be noted that this is not the first time the Public Prosecutor’s Office has sought to challenge the environmental licensing of Phase 4 of the Pre-Salt project in court. The matter has already been the subject of a similar lawsuit previously filed by the São Paulo State Public Prosecutor’s Office (Public Civil Action No. 5000783-33.2025.4.03.6135), currently pending before the 13th Federal Court of São Paulo, in which the preliminary injunction was denied. In a similar lawsuit before the Federal Court of Rio de Janeiro (Public Civil Action No. 5001719-53.2025.4.02.5111), the Federal Public Prosecutor’s Office (MPF) initially obtained a favorable preliminary injunction. However, the decision was subsequently suspended by the Federal Regional Court of the 2nd Region, which granted the preliminary relief sought by Petrobras in an interlocutory appeal – the appeal is pending a final ruling. The new lawsuit, now filed jointly by the MPF and the MPSP before the Federal Court of São Paulo, represents a new legal front regarding the same matter.

ANP Releases Results of Survey on the Gas Release Program

On June 23, 2026, ANP released a consolidated analysis of the responses to the survey on the Natural Gas Market Concentration Reduction Program, also known as Gas Release. The initiative is part of Regulatory Action No. 2.7 of the ANP’s 2025-2026 Regulatory Agenda and aims to inform a proposal focused on reducing market concentration and increasing liquidity in the natural gas market.

The questionnaire was open from March 23 to April 16, 2026, and received 37 responses from industry stakeholders, including suppliers, distributors, producers, eligible consumers, associations, consulting firms, and academia. According to the ANP, these contributions will be taken into account in drafting the regulatory proposal and the corresponding Regulatory Impact Analysis, with a public consultation scheduled for October and November 2026.

Among the key points, industry stakeholders highlighted the need for deconcentration targets, monitoring mechanisms, and greater transparency – including the disclosure of price indicators, periodic reports, and awarded volumes.

Also highlighted were criteria for defining the program’s volumes, a preference for firm products and 1- to 2-year contracts, greater contractual flexibility, and safeguards to mitigate the risks of reconcentration, as well as the need for mechanisms complementary to Gas Release, such as Capacity Release, Market Maker, Customer Release, and Contract Release.

The report shows that there is relative consensus among market participants regarding the adoption of measures aimed at decentralization and increasing liquidity in the natural gas market. The responses indicate that the effectiveness of Gas Release will depend on the quality of its regulatory design, particularly regarding the definition of volumes, product structure, competition safeguards, and coordination with complementary mechanisms.

2nd Edition of Net Zero ANP Discusses Regulation and Prospects for Low-Carbon Hydrogen

On June 23, 2026, ANP held the 2nd edition of Net Zero ANP, dedicated to the theme “Low-Carbon Hydrogen,” with the participation of representatives from the public sector, industry associations, and market players. The event presented studies conducted by the ANP’s Hydrogen Working Group and discussed regulatory prospects for the development of this industry in Brazil.

Among the main topics addressed were progress on the legal framework for hydrogen, established by Law No. 14,948/2024, the expected publication of the regulatory decree, the operation of the Brazilian Certification System, as well as economic incentive instruments such as the Special Incentive Regime for Low-Carbon Hydrogen Production (REHIDRO) and the Low-Carbon Hydrogen Development Program (PHBC). The principle of technological neutrality adopted by Law No. 14,948/2024 (Art. 2, I) was also highlighted, with a focus on reducing emissions intensity, currently capped at 7 kg of CO₂ per kg of hydrogen produced (Art. 4, XII).

The event also addressed the development of projects in Brazil, including initiatives focused on mobility, industry, fertilizers, green ammonia, exports, and green steel production. Despite the slowdown in the global hydrogen market, the discussions indicated that more mature projects continue to move forward, especially those with defined buyers, competitive access to energy, a logistics infrastructure, and greater legal and regulatory predictability.

From a regulatory perspective, the main points of focus involve the definition of authorization rules by the ANP, the certification and traceability framework for low-emission hydrogen, the regulation of tax incentives, the operational safety of facilities, and the potential regulatory framework applicable to natural hydrogen. Challenges related to blending hydrogen into natural gas networks were also discussed, given technical risks such as pipeline embrittlement, reduced calorific value, and the need for robust risk detection and management systems.

Finep, Petrobras and BNDESPAR Move Forward with Structuring a Fund Focused on the Energy Transition

On June 23, Finep, Petrobras, and BNDESPAR signed an agreement marking a new phase in the structuring of the Equity Investment Fund focused on the Energy Transition and Decarbonization, with a target capital of up to R$ 500 million. The fund will focus on innovative technologies related to the energy transition, including renewable energy, biofuels, e-fuels, low-carbon hydrogen and its derivatives, carbon capture, utilization, and storage, energy storage, electromobility, and solutions for decarbonizing operations.

As announced, startups, micro, small, and medium-sized enterprises may submit solutions to Valetec, the fund’s manager. The target audience includes companies with a validated Minimum Viable Product (MVP), early recurring revenue, and growth potential, at stages ranging from Seed to Series B.

Petrobras plans to invest up to R$ 250 million, limited to 49% of the fund; the BNDES may contribute up to R$ 125 million, limited to 25%; and Finep, using resources from the National Fund for Scientific and Technological Development, may contribute R$ 60 million. In addition to the anchor investors, the fund may receive contributions from other investors to reach the total projected volume.

ANP Publishes Dynamic Dashboard with Fuel Distributors’ Sales Data

On June 25, 2026, the ANP published the Dynamic Distribution Transparency Dashboard, a tool that consolidates fuel sales data submitted by authorized distributors, including volumes and average purchase and sale prices. This disclosure complies with Article 20 of Decree No. 12,930/2026, as amended by Decree No. 12,974/2026, issued in the context of the Emergency Regime for Domestic Fuel Supply.

The information is submitted by agents through the Distribution Transparency System and disclosed in aggregated and anonymized form at the national level, in order to preserve commercial confidentiality and prevent the identification of data by economic agents. The data is organized into 14-day reference periods and will be updated by the ANP as it is received and processed.

The dashboard allows users to view indicators such as volume purchased, average purchase price, volume sold, average sales price, gross margin, and other costs related to procurement and sales activities.

Additionally, the tool allows users to compare, by product and period, trends in volumes and average prices charged in distribution, providing greater transparency regarding the formation of aggregate margins in the sector, although it does not disclose individualized data by distributor.

ARSAE Publishes New CUSD Template for the Free Natural Gas Market

On June 26, 2026, the Minas Gerais State Secretariat for Economic Development (SEDE) published the new model Distribution Service Agreement (“CUSD”) to be entered into between Companhia de Gás de Minas Gerais (“Gasmig”) and users of the state’s natural gas free market.

The CUSD sets forth the main rules governing the use of the distribution system, including contractual definitions, purpose, term, contracted daily capacity, scheduling and measurement of volumes, delivery and receipt points, operational conditions of the service, application of the TUSD, the obligations of Gasmig and the contracting party, circumstances for interruption and termination, communications between the parties, as well as provisions regarding representations and warranties, anti-corruption, personal data protection, and other general terms and conditions of the contract.

The template is based on SEDE Resolution No. 75/2025, which established the rules for creating the free market in the natural gas concession area of Minas Gerais and the general conditions for access to piped gas distribution services by eligible consumers, self-producers, and self-importers.

This content is part of the Oil and Gas Newsletter for June 2026, bringing together the main sector highlights of the period. We emphasize that this material is for informational purposes only. Our team is available to provide additional information on these and other topics.