A REGULAÇÃO DA ENERGIA SOLAR: DA TUTELA AMBIENTAL AO ADVENTO DA LEI Nº 14.300/2022, QUE INSTITUIU O MARCO LEGAL DA ENERGIA SOLAR

Abstract

Solar energy is the clean energy source needed to change Brazil's energy matrix. In order to encourage the Brazilian solar energy sector, Law 14.300/2022 was enacted, establishing the Legal Framework for Distributed Micro and Mini-Generation, the Electricity Compensation System (SCEE) and the Social Renewable Energy Program (PERS). With this in mind, this paper aims to present a history of the process of regulating the issue, from the beginning of environmental protection, from the perspective of International Law, analyzing the main international documents, arriving at the Brazilian context, with the study of the laws and normative resolutions that supported the creation of the Legal Framework for Solar Energy, as well as the economic and social aspects that derive from it. In addition, the research aims to present the provisions of Law 14.300/2022, with the aim of understanding the Wire B tariff, the operation of the compensation system and the transition rules, in order to discuss the perspective of solar generation in the current context and the possible impact on consumer-generators. To this end, the deductive method was chosen, using bibliographical, legislative and statistical analysis, with the aim of meeting the aforementioned objectives.