Fundamental principle for the environment

small hydroelectric power plants in the brazilian energy matrix

Abstract

This paper aims to analyze small hydroelectric power plants from the perspective of the fundamental principle for the environment. For years, Brazil favored large-scale hydroelectric plants over smaller ones. The issue of environmental protection gained constitutional legal relevance in Brazil after the promulgation of the 1988 Federal Constitution, when the right to live in an ecologically balanced environment was elevated to the category of a Fundamental Human Right. This new conception of the environment directly influenced the opening of the market and the encouragement of other forms of renewable energy. Small power plants qualify as renewable energy sources; however, it was only after the crisis known as the "Blackout" in 2001 that energy programs focused on protection, including these plants, began to be encouraged. Law 10.438 of 2002 therefore specified small hydroelectric power plants as one of those that would be included in the Incentive Program for Alternative Sources of Electrical Energy – Proinfa. Brazil's hydroelectric potential favors this type of energy source, consisting of projects that enable better service in small urban centers and rural regions. Due to adapting to the various challenges in the economic and socio-environmental market, small power plants have already faced several legislative changes for their implementation. They currently represent a quick and efficient way to promote the expansion of electricity supply. They meet the growing demand observed in the national market, complying with environmental law in the pursuit of less environmental impact.