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Opinion Article

After the TCU (Federal Court of Accounts), predictability is also being defended.

The new regulatory environment for clean energy requires a continuous institutional presence to ensure the legal security of solar expansion.

Canal Solar_After the TCU, predictability is also defended

Photo: Lourdes Amaral/TCU

Those working in the solar sector have already learned to live with difficult variables: exchange rates, interest rates, module prices, inverters, grid access, connection timelines, and capital costs. All of this remains crucial. But the recent decision by the Federal Court of Accounts adds a factor that can no longer be treated as peripheral: regulatory risk has returned to the center of the debate in the electricity sector.

The TCU (Brazilian Federal Court of Accounts) ruling did not immediately alter Law 14.300, nor did it eliminate the rights of consumer-generators. The formal order was different: ANEEL Within ninety days, it must present an action plan with initiatives and deadlines aimed at implementing regulatory incentives capable of inducing the regularization of pending issues for obtaining the Declaration of Compliance with Definitive Network Procedures (DAPR-D). This is, objectively, the decision that produces direct effects at this time.

It would be a mistake, however, to interpret the episode solely from its dispositive aspect. The reasoning behind the vote makes it clear that issues such as MMGD remuneration, storage, operational visibility, control of distributed generation, and rationalization of subsidies have entered a more sensitive area of ​​attention.

In practical terms, this means that the sector has begun to operate within a more demanding, more technical regulatory environment, and one that is potentially more willing to revise assumptions that, until now, many considered stable.

In INEL's view, the most important point is to separate alarm from responsible meter reading. In the short term, there doesn't seem to be room for alarmist simplifications like "total change tomorrow." But there's also no more room for complacency.

What is emerging is a cycle in which connectivity, monitoring, batteries, economic signals, systemic costs, and the integration of distributed generation (DG) into the electrical grid are likely to gain increasing importance in regulatory and legislative discussions.

This is precisely why sectoral advocacy needs to be handled with maturity. In heavily regulated markets, predictability depends not only on business efficiency or commercial competitiveness. It also depends on constant technical monitoring, qualified institutional dialogue, and an organized presence in the spaces where decisions are shaped. Treating this dimension as secondary can be far too costly for the entire sector.

The National Congress has once again taken a central position in the structural decisions regarding energy in Brazil. In this context, the mixed parliamentary front for clean energy – FREPEL, chaired by Congressman Lafayette de Andrada, represents a permanent institutional channel for legislative dialogue on the clean energy agenda.

Strengthening channels of this nature should not be seen as a symbolic gesture, a struggle for prominence, or a matter of circumstantial convenience. Rather, it is a matter of regulatory prudence and a commitment to the stability of a market that depends on law, regulation, and legal certainty to continue growing.

This is a point that deserves calm reflection from the entire chain. No sector truly matures when it imagines that its institutional defense can be episodic, improvised, or sustained by the concentrated effort of a few actors. In a more sensitive environment, the absence of coordination tends to manifest itself later in the form of insecurity, regulatory noise, difficulty in reacting, and loss of predictability precisely when it becomes most necessary.

The Brazilian solar sector has built economic, social, and energy relevance. This trajectory now needs to be accompanied by an equivalent leap in institutional organization. The moment demands less dispersion and more capacity for continuous action. Above all, it requires the understanding that legal security is not a permanent given; it is an asset that needs to be defended with technique, presence, and responsibility.

After the TCU (Brazilian Federal Court of Accounts) ruling, the regulatory debate on clean energy entered a more sensitive phase. Ignoring this signal would be a mistake. The appropriate response is neither panic nor inaction. It is institutional maturity. And institutional maturity, in this new scenario, means recognizing that strengthening permanent sectoral dialogue, including at the legislative level, is no longer a secondary issue but has become part of protecting the market that the sector helped to build.

The opinions and information expressed are the sole responsibility of the author and do not necessarily represent the official position of the author. Canal Solar.

Heber Galarce
About the Author
Heber Galarce

Graduated in Business Administration, businessman and consultant in the clean and renewable energy sector. Since 2020, he has been prominently serving as president of INEL (National Institute of Clean Energy) in defending the interests and advancing the central agendas of the solar energy sector in Brazil.

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