A juridicidade da compensação socioambiental por significativo impacto ambiental no RN: o Decreto Estadual RN 31.278/2022 e possíveis efeitos sobre os empreendimentos de energia renovável

Abstract

This study analyzes the lawfulness of Rio Grande do Norte State Decree 31.278/2022 in light of the Brazilian legal system and investigates the impacts of the Socio-environmental Compensation charge on the viability of renewable energy projects in Rio Grande do Norte. The objective is to verify whether there is legal support for this novel charge created under such a title, as well as to assess whether the decree oversteps its regulatory power. It also aims to identify the practical impacts of the norm on the energy sector in RN. The research employs a qualitative method, based on a review of legislation, doctrine, and jurisprudence, in addition to a comparative analysis with environmental regulations at the state and federal levels. The results indicate that the decree may present legal incompatibilities, especially concerning the charge provided for in federal legislation for environmental compensations. It is also observed that the norm imposes additional obligations without express legal provision, raising doubts about its constitutionality and impacts on the legal certainty of entrepreneurs, notably when dealing with immediate applications. From an economic perspective, it is found that the regulation can negatively influence the expansion of renewable energy, making projects less attractive to investors due to increased costs and regulatory uncertainty, potentially creating a competitively unfavorable environment for the state itself. The conclusion emphasizes the need for a more in-depth examination of the decree to avoid potential judicial challenges and harm to the sustainable development of the state.