Regulação no mercado de energia elétrica para micro e miniprodutores: análise sobre a perspectiva do desenvolvimento sustentável

Abstract

The present work presents an analysis of the development and its relationship with the environment, drawing a connection with the regulation in the electricity market for micro and mini - producers. The initial approach starts from the Constitutional Economic Order, as well as its guiding principles making a parameter of these with the development preached by the Federal Constitution of 1988. The constitutional text brings a profile of the Regulatory State, in which the activity of this in the economy is restricted the activities to edit laws, guidelines and oversee market activities, leaving private initiative to move the economy. In addition, the State must be the promoter of the development carrying out public policies that encourage and impel the generation of jobs and income through the private initiative. The development, according to the beacons of article 225, is guaranteed as a right for all to the Public Power and to the community, guarding the future generations. In this context, the notion of sustainable development is widely discussed in its various factors, having an intrinsic relation with the economy. The notion of sustainability requires the conscious use of natural resources, in the same way must follow the production of energy. Renewable energy generation must be stimulated by the State and disseminated by consumers, which, based on ANEEL's Normative Instruction No. 482/2012, started to allow production in the scope of micro and mini-generation. Through this resolution, consumers can generate their own energy and market the surplus with the distributor through future credits, or even conduct production sharing systems. An analysis of the current legal regime for the electric sector and its direction to promote sustainable development is carried out. The incentive for renewable energies is discussed. We investigate the phenomenon of energy production on a smaller scale and the new relations between consumers and distributors. It identifies the adequacy of the regulation the real conditions of the producers, evaluating the promotion to the development, presenting suggestions of improvement, glimpsing a more appropriate adaptation to the Brazilian reality. The methodology used is the bibliographical research, through an exploratory analysis of books, theses, dissertations and articles on the subject, seeking to carry out a formative evaluation through a dialectical process.