Exploração de energia eólica em projetos de assentamento do Instituto Nacional de Colonização e Reforma Agrária

Abstract

Based on the consideration of public policy on Agrarian Reform and Rural Development as a skillful mechanism to emancipate the less favored classes, through the establishment of housing in a healthy and balanced environment, means for generating income and job opportunities, and increase the amount of freedoms that these people enjoy, the objective of this dissertation was to analyze the legal possibility of coexistence between the Settlement Project and the use of wind resources within it and, if so, to verify whether this economic exploration can boost the development and autonomy of the settlement project. However, INCRA's lack of institutional competence to pomote or exploit wind farms, as well as the lack of specific legal regulations for wind farms in settlement projects, appear as obstacles to this activity in settlements. In this context, today some communities are surrounded by wind farms, and they see the landscape around them transform, without benefiting from this situation. Thus, relevant new approaches and interpretations of Law in search of solutions to the challenges arising from technological innovations, which are not always accompanied by adequate and sufficient regulation. For that, the concept of Agrarian Reform is exposed, its history, its principles, target audience and the emancipatory function it can assume, focusing on the principle of the social function of property, equality and dignity of the human person. For better development, the methodology adopted was theoretical-legal, with bibliographic, documentary research and case study. In the end, the legal feasibility of encouraging Agrarian Reform through the instrument of the onerous concession of use of settlement project areas for the purposes of implementing the Wind Farm is affirmed and a viable exploration model is presented.