The sustainability of the Brazilian energy matrix: the regulatory framework for renewable energies and the principle of sustainable development

Abstract

This paper aims to analyze the legal aspects of regulation regarding the Brazilian energy grid, in a context of a great concern from the international community with the environment, questioning whether the Brazilian energy matrix really can be considered as sustainable. First, a sustainability parameter is set as the basis for study the laws that make up the national regulatory framework for renewable energies. These are compared with public policies to promote clean energy to verify their compatibility revealing that the source of hydraulic energy, by itself, cannot guarantee the sustainability character of the Brazilian energy matrix. Despite the efforts made to diversify national energy policy, we are still far from achieving a coherent dynamic, mainly because of the belief that renewable energy sources are only complementary in Brazil. It becomes clear that the divergence between legislation and the implementation of public policies means the violation of fundamental rights. Finally, the possibilities for a cleaner energy policy are assessed; these must undergo a new interpretation of sustainable development and the incorporation of a socio-environmental rationality both in terms of legislation and public policy making.