Legal Framework for Offshore Wind Power

On January 10, 2025, the Legal Framework for Offshore Wind Farms came into force, aimed at expanding the use of this renewable and clean energy source, which harnesses the power of sea winds to generate electricity from turbines installed on fixed or floating platforms. The Ministry of Mines and Energy (MME) actively participated in drafting the legislation, together with various federal government agencies and the National Congress.

The sanction by President Luiz Inácio Lula da Silva was a crucial step toward organizing auctions for the transfer of use of federal maritime areas, allowing companies to develop the first offshore wind farms in the country. Using giant blades in the ocean, this technology is new to Brazil.

By December 2024, Ibama had received licensing requests for 103 offshore wind projects, totaling 244 GW. These figures highlight the potential of this technology and its importance for Brazilian energy planning. Until then, these projects depended on the new legislation, since the agency could not proceed with analyses without proof of rights to use marine areas.

A study conducted by the World Bank in partnership with the Energy Research Company (EPE), linked to the MME, showed that offshore wind farms have vast potential. They could generate more than 516,000 jobs by 2050 and add at least R$900 billion in gross value to the Brazilian economy.

Much of this potential is concentrated in the Northeast, Southeast, and South regions. Offshore wind is also seen as a vital complement to other renewables, such as solar, onshore wind, and biomass, all of which are fundamental for Brazil to meet its decarbonization targets.

This technology does not pollute the atmosphere during operation, as it emits no greenhouse gases, which cause climate change. Another advantage is the higher and more consistent wind speeds found offshore, free from obstacles such as terrain, forests, mountains, and buildings. This makes offshore units more productive than land-based ones. Offshore turbines are also larger than those onshore.

The legislation sets guidelines for exploiting potential in areas under federal jurisdiction, such as territorial waters, the exclusive economic zone, and the continental shelf. It includes incentives for developing domestic industry, creating jobs, and strengthening the country’s energy security while integrating economic and environmental considerations.

The framework also establishes requirements for decommissioning and restoration of exploited areas and mandates prior consultation with affected communities, promoting respect for traditional maritime practices and local culture.

Drawing on international experience, the framework is expected to drive the development of supply chains, ports, and logistics, as well as the creation of renewable energy hubs. It is estimated that each 1 GW of offshore wind capacity is equivalent to R$13.75 billion in investment.

Revenues from signing bonuses, occupancy fees, and proportional participation in the energy produced will be shared among the federal government, states, and municipalities, with investments primarily directed to research, technological innovation, and sustainable development.

Brazil currently ranks sixth in the world in wind energy production. With the new law, the country is positioned to take a major step forward in generating clean and renewable energy, meeting rising demand, lowering costs, and boosting local industry.

This initiative will help position Brazil as a leader in the global energy transition, aligning with major renewable energy trends and reinforcing its commitment to environmental sustainability, economic development, and the reduction of regional inequalities.

The legislation specifies that the term offshore refers to the “marine environment located in inland waters under the jurisdiction of the Union, in the territorial sea, in the exclusive economic zone, and on the continental shelf,” in accordance with the Federal Constitution and the United Nations Convention on the Law of the Sea.

It is also a promising business area for Petrobras, which has long-term offshore wind projects in different areas of Brazil’s territorial waters, contributing to decarbonizing the company’s own operations.

The diversification of Petrobras’ portfolio in this direction will strategically position it as a key player in the inevitable and essential global energy transition. This, in turn, will support Brazil’s progress in economic development, with results focused on social inclusion.

In December 2023, the MME formalized Brazil’s accession to the Global Offshore Wind Alliance (GOWA). The commitment was made at the Alliance’s ministerial meeting during COP 28 in Dubai. The European Union, Panama, and the state of California in the United States also joined on the same occasion.

OBJECTIVES

The principles and fundamentals of electricity generation from offshore potential, according to the new regulatory framework, are as follows:

• Sustainable development

• Job and income generation in the country

• Rational use of natural resources to strengthen energy security

• Research and development of new renewable energy technologies based on the use of offshore areas, including applications that reduce carbon emissions during production, such as hydrogen extraction using electricity from projects

• Local and regional development, preferably with investment in infrastructure and national industry, as well as actions to reduce inequality and promote social inclusion, diversity, technological advancement, and better use of energy matrices and their exploitation

• Protection and preservation of the environment and ocean culture

• Harmonization with the cultural and natural landscape of the country’s tourist areas

• Free, prior, and informed consultation with affected people and communities

• Harmonization of knowledge, traditions, lifestyles, customary practices, and maritime activities, respecting uses of the sea and seabed

• Transparency

NUMBERS

POTENTIAL BY 2050

• Over 516,000 jobs by 2050

• Gross added value of at least BRL 900 billion for the Brazilian economy

• 1,200 gigawatts (GW) of potential

DATES

• July 2024 - Launch of the Offshore Wind Working Group and release of the report “Scenarios for the Development of Offshore Wind in Brazil” by MME and the World Bank

• 01/10/2025 - Approval of the Legal Framework for Offshore Wind Power

• 02/21/2025 – Second Offshore Wind Working Group meeting to align the 2025–2026 Work Plan and define main deliverables

• March and April 2025 – Technical workshops on international experiences in planning and identifying areas, synergies, convergence of transmission planning, integration of onshore and offshore projects, coexistence of offshore wind energy and fishing, stakeholder engagement, and navigation safety

• August/2025 – MME and the Energy Research Company (EPE) open a Public Consultation that proposes criteria for choosing offshore wind generation areas

• October/2025 – Resolution of the National Energy Policy Council (CNPE) formally establishes the Offshore Wind Working Group (WG), with 23 federal institutions and state representatives

NEXT STEPS

• Publication of the decree regulating the law

• Publication of the methodology for selecting offshore areas for bidding

• Launch of the single portal for offshore area management – PUG-offshore

PROJECTS IN BRAZIL

In May 2025, according to the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama) portal, 104 offshore wind farm projects were awaiting the sanctioning of the Bill in order to move forward with the preparation of the environmental studies required to obtain environmental feasibility.

Rio Grande do Sul led the states in number of projects, with 27 submissions, followed by Ceará (25), Rio de Janeiro and Rio Grande do Norte (14 each), Espírito Santo and Piauí (6 each), Maranhão (3), and Santa Catarina (1).