Rural Property Lease Contracts For Wind Energy Exploitation By Foreign Capital Companies And The Enforcement Of Standards Affecting The National Economic Order

Abstract

The scope of this article is to analyze the issues involving wind energy exploitation in rural properties by companies with foreign capital percentage, whose contracts are signed under lease. As most companies that invest in wind energy in Brazil have part of foreign capital, the legal determinations lead to the application of rules that make the exploitation of this clean technology more expensive, often removing investments and even making this branch of the energy sector unfeasible, consequently affecting the sustainable national development, the social economic order and the preservation of the environment. The aim is to analyze the need to change the rules for the lease of rural properties for wind energy exploitation by legal entities with foreign capital. As methodology, the deductive method will be used, through bibliographic and legislative research. It is concluded that there is a need to change the normative understanding, so that the rules of art. 23 of Law 8.629/93 are not imposed in the lease agreements of rural properties for wind energy exploration, whether they are signed by companies with exclusively national capital or not.