Balancing Growth and Responsibility: A Review of Brazil's Offshore Wind Farm Regulation

Resumo

This article examines the regulatory framework for offshore wind farms in Brazil, focusing on the potential socio-environmental and human rights impacts associated with this rapidly growing sector. Brazil, with its extensive coastline and favorable conditions, holds vast potential for offshore wind energy. However, while the proposed regulatory bill provides for environmental impact assessments (EIA) to mitigate environmental risks, it lacks explicit provisions for human rights due diligence on its own activities and in the supply chain. This omission is significant given the socio-economic disruptions that offshore wind farms can introduce, such as impacts on fishing communities and cultural heritage sites, as well as the broader implications of sourcing materials like lithium, crucial for turbine production, with known environmental and human rights concerns. The analysis aligns the bill with international standards, such as the UN Guiding Principles on Business and Human Rights, emphasizing the state’s duty to prevent human rights abuses by private entities through appropriate regulation. The article argues that effective regulation must extend beyond EIAs to include comprehensive human rights safeguards also along the supply chain, ensuring that offshore wind energy remains a truly sustainable alternative. The findings suggest that while Brazil’s regulatory efforts are commendable, a more robust framework addressing both local and supply chain impacts is essential for aligning the country’s renewable energy expansion with global human rights and sustainability standards.