A adequação dos “subsídios verdes” às regras da OMC: um estudo sobre o inflation reduction act no contexto das políticas de transição energética

Abstract

The present research emerges within the context of the widespread dissemination of trade policies aimed at promoting accelerated, fair, and effective energy transition, primarily adopted by developed countries, amid the ambition to fulfill their climate change combat goals as established within the framework of the Paris Agreement. In this scenario, in response to international reactions to the adoption of the lnflation Reduction Act (IRA) by the United States in 2022, the largest package of subsidies in American history in the fight against climate change, this study has as its main objective to investigate the adequacy of the adoption of green subsidies aimed at energy transition to the current regulation on subsidies in multilateral trade, consolidated in the Agreement on Subsidies and Countervailing Measures (ASCM), within the World Trade Organization (WTO), with the lnflation Reduction Act as the object of analysis. At the same time, the true purposes that have supported the use of green subsidies for the promotion of energy transition are questioned. Exploratory and explanatory methodology is used in the objectives, and bibliographical and documentary in the selected sources. It is concluded, finally, that the current system regulating the use of subsidies is not adapted to the dissemination of green subsidies, which prove essential to correcting market failures that hinder the achievement of a full energy transition. Faced with this impasse, it is understood that the adoption of other forums for discussion linking the adoption of green subsidies to the realization of energy transition should be encouraged in the context of combating climate change, under the risk of excluding those who rely the most on international trade from achieving their own transitions, remaining vulnerable to the harmful effects of climate urgency.