Amazônia e energia: Desafios à universalização do serviço público de distribuição de energia elétrica para a população amazônica após a edição da Lei nº 14.182/2021

Abstract

The general objective of this research was to analyze, since the advent of Law nº 14.182/2021 (Brazil, 2021), which determined the granting of the concession on the public electricity distribution service in the state of Amazonas, as well as the contracting of 2.500 MW of natural gas thermal energy for the region, the challenges to the universalization of electricity distribution for the Amazonian population, respecting the duty of ecological protection prescribed in the Constitution of the Republic (Brazil, 1988) and the goals of decarbonization of the national energy matrix agreed in the Paris Agreement and the 2030 Agenda. To investigate the dilemma, four specific objectives were outlined, corresponding to the four chapters of this dissertation, which are: a) To certify the essentiality of electricity distribution services for the protection of the dignity of the human person in view of the fundamental social character of the right to energy; b) Establish the need for electricity and related distribution services for the promotion of sustainable national and regional development; c) To investigate the potential of public policies aimed at the electrification of the Amazon for the universalization of distribution services in view of the scarcity of supply and environmental unsustainability of the energy matrix; d) Analyze the constitutional framework of the electricity industry and the consequences of the applicable public law legal regime in the face of the challenges to the universalization of electricity distribution services in the state of Amazonas after the enactment of Law nº 14.182/2021 (Brazil, 2021). To answer the proposed dilemma, as a methodology, the deductive method was adopted, with qualitative analysis of the data collected through documentary and bibliographic research from the legal and institutional scenario outlined by Law nº 14.182/2021 (Brazil, 2021). In the end, it was concluded that the granting of the concession on the public service of electricity distribution in the state of Amazonas, that is, the insertion of private capital in the provision of essential public service, did not achieve the promised success, failing to meet the goals of universalization and investments in infrastructure. As an expedient proposed to solve the problem, it was suggested the declaration of the expiration of the concession contract, followed by the resumption of the public service of electricity distribution by the granting authority. Regarding the need to universalize the distribution of electricity in the state of Amazonas in a sustainable way, meeting the decarbonization goals of the national energy matrix set in the Paris Agreement and the 2030 Agenda, it was suggested to promote the adoption of clean technologies in the activities of electricity exploration services and facilities through renewable sources.