EN 
PT_BR 
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 ordered ANEEL (National Electric Energy Agency) to present an action plan to end the current incentives of the DG compensation system. TCU could not have made this determination to the Agency. This is because the body has competence for matters of a financial, budgetary, patrimonial and accounting nature, outside of this it can issue recommendations, never determinations with binding force. In response to this ruling, ANEEL sent a letter to the TCU committing to propose the draft regulation with the new rules by March 31st and to edit the new resolution by June 30th. It was a formal and necessary act. However, it left a big question in the air: “Why didn’t the person most interested in opposing this TCU determination on a strictly regulatory matter do so when they could?” 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 writ of mandamus with the STF, requesting an injunction against the TCU. The body could never give ANEEL a determination of regulatory bias, at most a recommendation or indication. Despite the fact that ANEEL itself did not comment on 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 full swing. 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 interference from outside the sector.
One Response
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 decadence.