As cláusulas de petrificação como limitação da autonomia da vontade das partes nos contratos internacionais: o caso dos contratos celebrados entre Moçambique e empresas estrangeiras para a exploração mineira ou para pesquisa e produção do petróleo

Abstract

This final paper addresses the use of petrification clauses as a limitation or constraint on the parties' will in five international mining exploration or oil exploration and production contracts concluded between the Mozambican government and foreign companies or concessionaires, aiming to demonstrate how these clauses limit the parties' will. This research used comparative methods to compare the legislation governing international contracts; doctrinal or dialectical methods to analyze the doctrinal positions on the subject; and qualitative methods to analyze the five international contracts concluded by Mozambique. Having addressed this topic, it appears that petrification clauses stabilize the terms of international contracts in the face of regulatory, political, and economic changes during contract execution, hindering changes to the legal framework. This stabilization or petrification constitutes, in a sense, a limitation or constraint on the free will of the parties, states, and foreign companies. However, this limitation is not absolute, but rather relative, as it can be waived in the event of a serious violation of fundamental rights or economic imbalance, allowing for renegotiation of the contract. As a recommendation, contract performance, although petrified by the clauses, should safeguard the environment and society against the potential harmful effects of mining or oil exploration and production, beyond the economic benefits