An analysis of judicial decisions on public lighting and/or energy poverty: possible dialogues for the creation of regulations

• Grant number: 25/02494-8
• Support Opportunities: Scholarships in Brazil - Doctorate
• Start date: April 01, 2025
• End date: March 31, 2029
• Field of knowledge: Applied Social Sciences - Administration - Public Administration
• Principal Investigator: Gilberto de Martino Jannuzzi
• Grantee: Maria Eduarda Ardinghi Brollo
• Host Institution: Núcleo Interdisciplinar de Planejamento Energético (NIPE). Universidade Estadual de Campinas (UNICAMP). Campinas , SP, Brazil
• Associated research grant: 24/01110-9 - SAO PAULO CENTRE FOR INNOVATION IN PUBLICLIGHTING SERVICES Energy efficiency and performance in public lighting services for small and medium municipalities, AP.CCD

Abstract

According to Lopes, regulation involves the State's role in different sectors, with law being a system that can be called regulatory, especially because it maintains an identity and allows integration (LOPES, 2018). It can be said that it is one of the ways to enforce social rights, as well as regulate the economic cycle and promote better use of capital (LOPES, 2018). Therefore, in order to think about the construction of innovative regulations capable of responding to energy problems that affect the business world, the Public Administration and, consequently, the individual, precisely because they involve a lack of distribution, taxation, interruption, or even environmental dilemmas, it is necessary to analyze what are the greatest demands of the Judiciary on the subject, specifically in the State of São Paulo, which will require research on the websites of the Court of Justice of the State of São Paulo, the Superior Court of Justice and the Supreme Federal Court. After identifying the main problems, the study will seek to consider how other countries regulate the issue and whether there are any positive effects, including an analysis of international treaties and solutions provided at a global level for the problems currently being faced. Furthermore, considering the impacts of energy poverty on access to energy and public lighting, it is necessary to analyze the local, regional, national and global socioeconomic context, as well as existing plans to mitigate such conditions. It is also necessary to pay attention to the Guiding Principles on Business, Public Administration and Human Rights, which are based on the Charter of the United Nations and the Universal Declaration of Human Rights, given that the actions of companies, as is the case with the State and the Public Authorities, must ensure that Human Rights are not violated, including initiatives to develop environmental technology and prevent environmental challenges. It is worth mentioning that the Framework Convention on Tobacco Control serves as an example for the energy sector, since, in addition to the fact that, after Brazil became a signatory, there was a decrease in the number of smokers, it includes human rights as a basis and gives rise to a modification of internal legislation for greater health protection, and it is also true that it gives companies a major role in terms of developing internal standards to "avoid undue interference".