In November 2020, the TCU (Federal Audit Court) handed down Plenary Ruling 3063/2020, focused on distributed generation regulated by REN 482 (Normative Resolution No. 482/2012), later improved by REN 687/2015.
The aforementioned ruling determined that ANEEL (National Electric Energy Agency) to present an action plan to end the current incentives of the DG compensation system. The TCU could not have issued this determination to the Agency. This is because the agency has jurisdiction over matters of a financial, budgetary, asset and accounting nature, and beyond that it can issue recommendations, but never determinations with binding force.
In response to this ruling, the ANEEL sent a letter to the TCU committing to propose the draft regulation with the new rules by March 31 and to issue the new resolution by June 30. It was a formal and necessary act. However, it left a big question in the air: “Why didn’t the party most interested in opposing this TCU ruling on a strictly regulatory matter do so when it could have?”
ABGD (Brazilian Association of Distributed Generation), after consulting several experts in the sector, as well as renowned jurists, decided to take the lead in this process, aiming to defend the interests of society and the distributed generation sector, which it has represented since 2015. We filed a collective security order with the STF, with a request for a preliminary injunction against the TCU.
The agency could never give a regulatory bias determination to ANEEL, at most a recommendation or indication. Although the ANEEL has not spoken out about this, we have to act decisively to avoid a complete exchange of values, to the detriment of one of the only sectors of the Brazilian market that continued to generate jobs and income, even with the country in the midst of a pandemic.
We are convinced that the STF will judge the claim and grant the injunction, allowing the Distributed Generation Legal Framework process to continue in the Chamber of Deputies and in the regulatory body, without external interference to the sector.
An answer
Unfortunately, this Brazil has its head turned, the Justices (of the STF, and bodies below), and even “courts”, are changing their feet! And the story of living in “a state of democracy under the rule of law” is a joke!
EVERYTHING is also wrong with the quality of the last rulers, since the military regime has led Brazil to decline.