Instrumentos contratuais utilizados por investidores de usinas solares de minigeração distribuída em terrenos rurais no Brasil

Abstract

This paper analyzes the contractual instruments used by investors in solar power plants within the scope of Distributed Mini-Generation in Brazil. Beginning with a contextual overview of the expanding renewable energy market—including legal frameworks and regulations from the electrical energy sector—the study explores the unique characteristics and essential conditions for investing in solar facilities on rural lands throughout the country. To familiarize the reader with the research context, the scope of the study is first delineated, starting with the conceptualization of rural property, land possession, and registration, and extending to the definition of the three contractual instruments under analysis: lease agreements, rural land lease (arrendamento), and surface rights. These instruments are subsequently examined in depth, presenting their features, advantages, and drawbacks from the investors’ perspective, based on key criteria such as legal certainty and cost-effectiveness. The research adopts a qualitative methodology, conducting a bibliographic review of legal sources—including statutes, regulatory norms, case law, and legal doctrine—alongside analysis of concrete data, judicial decisions, and practical experiences. The findings indicate that lease agreements offer the most favorable option for investors, striking a balance between legal certainty and cost-benefit considerations. Their execution is less burdensome than the establishment of surface rights, and land registration is more feasible than with rural leases. Conversely, while surface rights offer superior legal protection, they entail high costs for investors. Rural lease agreements, meanwhile, emerge as the least advantageous alternative due to their legal uncertainties and comparable or even higher financial burden relative to leases.