Análise da legislação e normas técnicas sobre o direito ao sol de países da América do Sul

Abstract

Photovoltaic (PV) generation has grown in response to the need for countries to diversify and ensure the supply of electrical energy. Currently, one of the barriers to distributed generation (DG) is the lack of urban policies that guarantee solar access due to densification and verticalization in cities. The concern with ensuring the availability of sunlight is commonly associated with architecture, as its obligation is to provide habitable conditions for human activities. Therefore, the objective of this work is to analyze the legislation and standards in Argentina, Brazil, Chile, Colombia, Ecuador, and Uruguay that may influence access to solar resources. Legislation and standards were analyzed based on two points: defining the minimum number of hours of exposure to light and defining the geometry of buildings by regulating height, shape, and orientation. The countries were chosen based on the high participation of the PV source in their matrices and the advances in their legislation regarding DG. In the analysis, it was possible to verify that Argentina and Uruguay meet the first point. Regarding the second, they serve Argentina, Chile, Colombia, and Ecuador. Brazil does not have laws and standards at national level, but NBR 15.215:3 is under review to meet the first point. It was found that legislation and standards analyzed, despite being related to architecture, can influence the capture of sunlight by PV systems, which depend on the shape of the surrounding buildings and the availability of the resource. Therefore, for a greater participation of the PV source, it is necessary to include urban regulations that guarantee access to sunlight.