Aplicação do exame da proporcionalidade diante da implantação de empreendimentos eólicos em áreas de preservação permanente

The setting up of wind power enterprises at Permanent Preservation Areas reflects the obvious conflict and necessary convergence between free market and energy security on the one hand, and the promotion of environmental quality on the other. From the perspective of energy sustainability, and in order to achieve development (in its complex meaning, which converges economic, social, environmental and cultural aspects), the harmonization between free market and an ecologically sustainable environment is required. This work aims to identify the link between the protection system of the Permanent Preservation Areas and the current constitutional order, by analyzing the implementation of wind power enterprises in these protected zones focusing on the proportionality aspects. A legal and purposeful research was developed, from a theoretical method, followed by collecting and analyzing both primary and secondary data. From these data, the law, the legal literature and judicial decisions were cross-examined, under the light of the Constitution and guided by the theory of proportionality and related development imperatives. In this context, the present study identified the link between the principles of the economic order, environment and energy law, finding their basis under the Federal Constitution and development. By reproducing this interrelationship and by means of post-crisis institutional reforms, the guiding objectives of the Brazilian electric sector began to corroborate the precepts of development, although issues regarding its sustainability still persist. The appraisal of proportionality indicates that the Permanent Preservation Areas protection system is insufficient to materialize the right to a healthy quality of life upon the implementation of wind projects at Permanent Preservation Areas, albeit seeking the harmonization between free market and environmental protection.

Aplicação do exame da proporcionalidade diante da implantação de empreendimentos eólicos em áreas de preservação permanente

The setting up of wind power enterprises at Permanent Preservation Areas reflects the obvious conflict and necessary convergence between free market and energy security on the one hand, and the promotion of environmental quality on the other. From the perspective of energy sustainability, and in order to achieve development (in its complex meaning, which converges economic, social, environmental and cultural aspects), the harmonization between free market and an ecologically sustainable environment is required. This work aims to identify the link between the protection system of the Permanent Preservation Areas and the current constitutional order, by analyzing the implementation of wind power enterprises in these protected zones focusing on the proportionality aspects. A legal and purposeful research was developed, from a theoretical method, followed by collecting and analyzing both primary and secondary data. From these data, the law, the legal literature and judicial decisions were cross-examined, under the light of the Constitution and guided by the theory of proportionality and related development imperatives. In this context, the present study identified the link between the principles of the economic order, environment and energy law, finding their basis under the Federal Constitution and development. By reproducing this interrelationship and by means of post-crisis institutional reforms, the guiding objectives of the Brazilian electric sector began to corroborate the precepts of development, although issues regarding its sustainability still persist. The appraisal of proportionality indicates that the Permanent Preservation Areas protection system is insufficient to materialize the right to a healthy quality of life upon the implementation of wind projects at Permanent Preservation Areas, albeit seeking the harmonization between free market and environmental protection.

Energia eólica em alto mar: distribuição dos recursos e complementaridade hídrica

The stabilization of energy supply in Brazil has been a challenge for the operation of the National Interconnected System in face of hydrological and climatic variations. Thermoelectric plants have been used as an emergency source for periods of water scarcity. The utilization of fossil fuels, however, has elevated the cost of electricity. On the other hand, offshore wind energy has gained importance in the international context and is competitive enough to become a possibility for future generation in Brazil. In this scenario, the main goal of this thesis was to investigate the magnitude and distribution of offshore wind resources, and also verify the possibilities of complementing hydropower. A data series of precipitation from the Climatic Research Unit (CRU) Blended Sea Winds from the National Climatic Data Center (NCDC/NOAA) were used. According to statistical criteria, three types of complementarity were found in the Brazilian territory: hydro × hydro, wind × wind and hydro × wind. It was noted a significant complementarity between wind and hydro resources (r = -0.65), mainly for the hydrographical basins of the southeast and central regions with Northeastern Brazil winds. To refine the extrapolation of winds over the ocean, a method based on the Monin-Obukhov theory was used to model the stability of the atmospheric boundary layer. Objectively Analyzed Air-Sea Flux (OAFLUX) datasets for heat flux, temperature and humidity, and also sea level pressure data from NCEP/NCAR were used. The ETOPO1 from the National Geophysical Data Center (NGDC/NOAA) provided bathymetric data. It was found that shallow waters, between 0-20 meters, have a resource estimated at 559 GW. The contribution of wind resources to hydroelectric reservoir operation was investigated with a simplified hybrid wind-hydraulic model, and reservoir level, inflow, outflow and turbine production data. It was found that the hybrid system avoids drought periods, continuously saving water from reservoirs through wind production. Therefore, from the results obtained, it is possible to state that the good winds from the Brazilian coast can, besides diversifying the electric matrix, stabilize the hydrological fluctuations avoiding rationing and blackouts, reducing the use of thermal power plants, increasing the production cost and emission of greenhouse gases. Public policies targeted to offshore wind energy will be necessary for its full development.