Perspectivas jurídicas da política europeia do hidrogênio verde no contexto brasileiro com foco no estado do Ceará

Abstract

The current state of global climate emergency is evident. The energy sector is responsible for a large part of the emissions of greenhouse gases in the atmosphere. Green hydrogen may be an alternative to the problem, due to low or no carbon release in the atmosphere. In this scenario, Brazil has the potential to produce and export this gas, especially in the Northeast region, due to the presence of solar and wind energy and the geographical proximity with possible importers, such as the European Union. In addition, to export H2V, Brazil must follow similar certification criteria to those of importing countries. The research is justified by the current global climate emergency situation and by the efforts of countries in search of solutions, such as H2V. With this in mind, the problem consists of analyzing the legal perspectives of the European H2V policy in Brazil in the face of the search for energy transition, focusing on the state of Ceará. The general objective is to study how the European green hydrogen policy impacts the Brazilian legal context. The specific objectives are: to identify which instruments have been adopted by the EU regarding H2V and its extraterritorial impacts, to examine the legislation and policies concerning H2V in Brazil and to investigate the possible perspectives of European regulation in the Brazilian legal framework, mainly in Ceará, considering the H2V hub. Thus, the question-problem arises: what are the possible legal projections of the European green hydrogen policy in the Brazilian legal context, especially in the state of Ceará? In addition, throughout the text, we seek to answer the following questions: which legal instruments the EU adopted on H2V and how they can have extraterritorial effects? What are the legal perspectives of European regulations in the Brazilian context? What are the prospects on the H2V hub in Ceará and what is the legal landscape of the state? The methodology is based on theoretical-bibliographical and documentary study on the subject, through the analysis of articles, journals, books, theses, dissertations, jurisprudence, national and international laws and documents. It is a qualitative research with inductive method aiming to answer the questions proposed over three chapters. Initially, the European policy of green hydrogen and its possible extraterritorial effects in Brazil was examined, also addressing the national position in the Latin American context. Then, the legal implications of the European rules in the Brazilian context were investigated, focusing on the analysis of Law 14.948/2024 and its correspondences in European Law. In the last chapter, we investigated the perspectives on the H2V hub in Ceará, the legal instruments and state public policies on this topic. It was concluded that the EU has a power of influence on global markets; that Law 14.948/2024 has similar and different points in relation to European regulations, demonstrating the EU's influence on national regulation; that the H2V hub in Ceará has prospects of generate economic growth and jobs. Furthermore, the state law on green hydrogen has a more social focus compared to the Brazilian law, which is aimed at the domestic and international market. Finally, Law 14.948/2024 presents necessary concepts and guidelines, but needs specific regulations that complement it.