Pressupostos jurídicos para a implementação de smart grids no Brasil

Abstract

The study seeks to analyze the legal framework modeling the Brazilian experience of implementing smart grids, known as smart grids, drawing a correlation between the technological essence and the legal framework of the country. Since the second half of the 2000s, smart grids have come to mean a paradigm shift in the concept of energy matrix. These networks present themselves as an important element in the search for energy efficiency and sustainability of the electric sector in a global scenario, since they incorporate elements of technology and have as a remarkable characteristic the high flow of information and input exchanges between the agents inserted in the environments of production, distribution and management of electric energy, contributing to the reduction of losses and increase of renewable sources to the system. In addition, smart grids, by adding distributed generation in their matrix, re-signify the role of the consumer, giving it the possibility of more active participation in the energy production chain. In Brazil, as of Call No. 011/2010 of the National Electric Energy Agency (ANEEL), some regulatory measures have shaped the way for the implementation of the first pilot projects of these smart grids. However, issues inherent in the creation of public policies that take into account the social disparities resulting from the unequal urban training experience of the country persist for analysis. The research used the hypothetico-deductive and argumentative essay methods in order to observe the filters that have been directing the experience of implantation of the smart grids in the country and how they can be better aligned with the constitutional objectives. In this sense, it focused on the national and foreign bibliographical review, and on the dialogue between doctrine and official statistics, besides taking as practical contribution the records of results of the Brazilian embryonic projects. From a theoretical point of view, initially, it is observed how the 1988 Constitution absorbs the right to energy, understanding its essence and its symbolic implications, based on the dialogue between constitutionalist authors, especially Canotilho (2010) and Sarlet (2001). and official UN documents. Next, we discuss the link between the right to energy and the right to the city, in the conceptual perspective of Henri Lefebvre (2008), in order to reflect on the proximity between the concepts of smart city and smart grid. From these correlations, the models of implementation in the USA and in the European Union are analyzed. Finally, reflections on Brazilian regulation, pilot projects and hypothetical legal gaps are drawn. The research reveals not only the Brazilian experience of implementing smart grids and the difficulties that have been potentiated, above all, by the creation of technological demand before legislative and technical standardizations; but also provides a guiding, multidisciplinary framework for the efficiency of the Brazilian smart grids project, in line with the concepts of sustainability, constitutionality and global development.