The energy law and the challenges of Brazil’s new national energy policy

Abstract

This article analyzes the development of energy law in Brazil in the face of the challenges posed by the new National Energy Transition Policy (PNTE). The research justifies its relevance given the rapid expansion of wind power, especially in the Northeast region, and the expectation of investments of around R$ 2 trillion to boost the country's sustainable industrialization. The central problem identified is the lack of a specific legal framework for wind energy, which subjects peasant communities to abusive contracts governed by private law, resulting in green grabbing, land dispossession, and food insecurity. The objectives are to investigate how new regulatory instruments, such as PLANTE and FONTE, can promote energy justice and social equity. The work is based on theories of accumulation by dispossession and studies on the contradictions of the wind power expansion model in the semi-arid region. The research was conducted through a legal-critical and documentary analysis of CNPE Resolution No. 5/2024, comparing it with the Civil Code and the Land Statute. Finally, the hypothesis argues that a just transition involves elevating wind power potential to the category of a public good, allowing state intervention to limit the autonomy of will in contracts, guarantee social compensation, and ensure the recovery of land income by strengthening community participation in the distribution of gains from the electricity sector.