A regulação da captura e estocagem de CO₂ no Brasil: a Lei nº 14.993/2024, potencialidades e lacunas normativas

Abstract

Carbon capture and geological storage of carbon dioxide have grown significantly in discussions on climate change mitigation, especially given the need to develop technologies capable of reducing greenhouse gas emissions. Although Brazil has favorable conditions for the implementation of Carbon Capture and Storage (CCS) and Bioenergy with Carbon Capture and Storage (BECCS) projects, their consolidation depends on a clear and secure legal-regulatory framework. In this context, this article analyzes the regulation of carbon capture and storage of CO₂ in Brazil, with emphasis on Law nº 14,993/2024, the role of the National Agency for Petroleum, Natural Gas and Biofuels (ANP), and the remaining regulatory gaps, through a legal-normative approach with a comparative perspective.

Thus, the “Future Fuel Law” represents an advance by recognizing the activity and assigning regulatory and supervisory authority to ANP. However, regulation is still at an early stage, marked by the adoption of pilot projects, experimental solutions in the absence of specific rules, and uncertainties regarding the regulatory governance of the activity.

Therefore, the implementation of CCS and BECCS projects in Brazil requires specific infra-legal regulation capable of ensuring legal certainty, regulatory predictability, and alignment with international standards applicable to carbon storage.