The Brazilian distributed generation sector has reached a level of maturity built on private investment, technological innovation and, above all, confidence in the regulatory environment.
This confidence was strengthened with the enactment of Law No. 14.300/2022, which established the Legal Framework for Micro and Mini Distributed Generation and provided predictability for consumers, investors, and companies.
However, regulatory stability depends not only on the existence of the law, but also on how it is interpreted and applied.
It was precisely for this reason that INEL (National Institute of Clean Energy), along with other representative entities and companies in the sector, submitted a request for reconsideration after the publication of Normative Resolution No. 1.059/2023. ANEEL.
Subsequently, in light of the Board's decision not to consider these requests, the Institute filed a new request on July 16, 2026, requesting a review of the administrative decision.
The debate is not centered on the regulatory autonomy of the Agency. What is being discussed is a much broader principle: no regulation can restrict rights that have already been guaranteed by law. This is one of the pillars of the rule of law.
When a regulation creates conditions or interpretations that exceed the limits established by the Legislative Branch, a scenario of legal uncertainty arises.
Legal uncertainty doesn't just affect administrative processes. It jeopardizes investments, hinders financing, generates litigation, and creates uncertainty for thousands of consumers who decided to invest in distributed generation relying on the existing rules.
Another equally relevant aspect is due process. The request submitted by INEL argues that substantive issues related to the legality of the regulation were not considered because the decision was limited to a formal analysis of the admissibility of the appeal.
In the Institute's view, allegations of possible overreach of regulatory power deserve to be examined on their merits, especially when they involve rights enshrined in law.
Distributed generation represents one of the greatest examples of democratizing access to energy in Brazil. Millions of consumers have started producing their own energy, reducing costs, strengthening sustainability, and contributing to an increasingly cleaner electricity grid.
A predictable regulatory environment is an indispensable condition for this evolution to continue. The request submitted by INEL does not seek to remove the regulatory competence of... ANEEL nor to prevent the improvement of standards.
Above all, it seeks to ensure that this improvement occurs in absolute compliance with Law No. 14.300, the Federal Constitution, and the principles that guide Public Administration. More than a legal discussion, it is about preserving the trust of those who invested believing in the rules established by the Brazilian State itself.
Because legal certainty is not a benefit granted to the sector. It is an indispensable constitutional guarantee for any investment environment, especially in a segment that is strategic for Brazil's energy transition.
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.
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