Aspectos jurídico-regulatórios da eficiência energética no enfrentamento das mudanças climáticas

Abstract

The adverse effects of climate change call for the adoption of policies to decarbonize the global economy. Given that most global greenhouse gas (GHG) emissions are associated with the energy matrix, energy efficiency actions are essential instruments for reducing emissions, as they help to reduce the demand for energy while maintaining the same levels of comfort. In this context, the aim of this paper is to examine the regulatory instruments on energy efficiency that exist in the Brazilian legal system, in particular the law no. 10.295/2001 (the Energy Efficiency Law), in order to assess whether they are in line with the duty of public authorities to promote environmental protection policies, especially from the perspective of using energy efficiency policies as mechanisms to combat the effects of climate change. To this end, bibliographical research will be used, with a descriptive purpose, qualitative approach and deductive method. As a result, it was shown that the Brazilian legal framework for energy efficiency has shortcomings that are not in line with the best international policies on the subject. In the end, proposals were put forward for intervention in the legislation to change this scenario, which include the adoption of multisectoral measures, such as the obligation for large energy-intensive projects to carry out energy efficiency audits, as well as the unification of existing regulatory instruments into a single piece of legislation, which sets out the principles, instruments and objectives that make up a National Energy Efficiency Policy.