The new Solar Energy Consumer Protection Statute aims to safeguard microgeneration investments, ensuring legal certainty and prohibiting retroactive charges for those who produce their own electricity.
The solar energy landscape in Brazil is moving toward a new phase of legal certainty. Bill 3149/26, authored by Congressman José Medeiros (PL-MT), proposes the creation of the Solar Energy Consumer Protection Statute.
The initiative emerges as a direct response to the regulatory uncertainties that frequently worry investors in the distributed generation sector, ensuring that the rules of the game do not change abruptly after an investment has been made.
The proposal, currently under review in the Chamber of Deputies, acts as a shield for residential consumers, small business owners, cooperatives, and the agricultural sector.
The central point of the measure is the prohibition of fees or charges with retroactive effects, ensuring that those who already have systems connected to the power grid are not penalized by changes in the regulations that were in effect at the time of installation.
Legal certainty and the end of regulatory uncertainty
One of the bill’s pillars is limiting the power of Aneel (Brazilian Electricity Regulatory Agency) to create new charges through sub-legal acts. If the proposal is approved, any new charge on micro or minigeneration would need to be legitimized by a specific federal law.
Furthermore, the text guarantees the maintenance of current economic conditions for a minimum period of 25 years for systems already connected, protecting the profitability of renewable energy projects.
The agricultural sector receives special emphasis in the bill, with provisions that prevent extra charges on electricity produced for self-consumption on properties.
The objective is to ensure that rural producers maintain the viability of their investments, without the risk of being surprised by additional tariffs that would directly impact their production costs.
“The citizen who produces their own energy does not represent a cost to the State. They represent a strategic partner in building a more efficient, modern, competitive, and sustainable energy system.”
Impact on the national energy matrix
For Congressman José Medeiros, the measure is essential for those who sought credit or used their own savings to invest in energy autonomy.
The congressman reinforces that clean energy consumers act as collaborators in the national electrical system. By generating their own power, users reduce demand on the grid, minimize energy transmission losses, and avoid the need to activate thermal power plants.
The bill now proceeds for analysis in the Mines and Energy, Consumer Protection, and Constitution, Justice and Citizenship committees.
If it advances, the measure promises to consolidate the Brazilian power sector as a more favorable environment for private investment and the development of sustainability.
The expectation is that the regulation will provide the necessary predictability for Brazil to continue expanding its production capacity from renewable sources, benefiting both citizens and the country’s energy infrastructure.
