Between the Constitution and the Market: COP 30 as an Opportunity to Reverse the Impacts of REMAN Privatization in the Amazon

Abstract

This article critically analyzes the privatization of the Isaac Sabbá Refinery (REMAN), located in the state of Amazonas, through the lens of Constitutional Theory. Based on an interpretation of Articles 1, 3, 170, and 177 of the 1988 Federal Constitution, it argues that the divestment of REMAN violates the constitutional pact by undermining energy sovereignty, deepening regional inequalities, and dismantling social and environmental protections in the Amazon. The study demonstrates that the transfer of strategic assets to the private sector, without prior consultation, transparency, or socio-environmental impact assessments, contradicts both domestic and international legal frameworks. The analysis incorporates CADE proceedings, reports from the oil workers’ union, and DIEESE data to highlight the consequences of the state’s withdrawal, including labor precarization, increased fuel prices, and the erosion of Petrobras’s public role in the region. This analysis is also reinforced by interpretations from renowned legal scholars, specialized in Constitutional Law, who contribute to the debate on the legal and institutional implications of the privatization process. Finally, the article identifies the upcoming COP 30 in Belém as a historic opportunity for Brazil to reestablish state presence in the North and to reaffirm human dignity, climate justice, and the social function of the economy as foundations of a just and constitutionally guided energy transition.