Nº 19 June 2021

ISSN: 2173-8254

LEGAL PROTECTION OF SOLAR ENERGY IN THE FACE OF BRAZILIAN ENVIRONMENTAL LAW

Country: Brasil

The utilization of the solar energy resource, understood in the Brazilian normative plane as an environmental resource, consists of the conversion of the energy emitted by the sun into thermal energy or directly into electrical energy (photovoltaic process), observing as a consequence the performance of the so-called solar plants as economic activities aimed at producing electric energy for the benefit of consumers from solar energy. Thus, the use of solar energy, as an economic activity that uses the sun as an environmental good as a primary source, is subject to constitutional normative parameters linked to the legal protection of the natural environment (Art.225 of the CF), being certain that in the infraconstitutional plan obeys to the content of the National Energy Policy (Law 9478/97) as well as the National Environmental Policy (Law 6938/81). With Brazil having great potential for solar energy not exploited in the so-called Solar Belt, its use as a natural / environmental resource that is characterized as a source of energy is not only characterized as an important and rational option of economic activity for the benefit of national development as well as the eradication of poverty, aiming to reduce social and regional inequalities in the country (Art.3o CF).