Solar Energy and the Dawn of ‘Solar Cities’ in Brazil

This chapter analyses the Brazilian legal regime of the solar energy within the context of increasing energy demand, emerging such renewable energy source as an environmental friendly alternative. For this purpose, the methodology applied, exploratory and qualitative, included a review of the legal literature and an analysis of the Brazilian legislation applicable to this energy source, questioning whether the actions until then adopted are capable of triggering the sustainable use of solar energy. After a strategic review of solar energy in Brazil, efforts are concentrated on the constitutional and legal rules related to this subject. It was observed that, due to pioneering initiatives in urban centers and isolated communities regarding the use of the remarkable potential of solar energy, the National Electric Energy Agency has edited in 2012 the Normative Resolution No. 482, which, in synthesis, establishes general conditions for the access of micro and minigeneration of power to distribution systems. In parallel, it was also possible to observe the emergence of legal propositions in the Brazilian state capitals targeted to promote solar energy, whether in terms of mandatory statutes, authorization or financial incentives. However, despite this impetus, the solar energy resulted in only 0.2% of the electricity generation in 2015. Lastly, there is a great effort to be held within the framework of the National Energy Policy with regard to the strategy to develop solar energy in the country, notably to implement programs for planning and for technical-financial support to the prosumers, raising them to the quality of key participant in this process.