CONTRATOS DE USO DO SOLO PARA EXPANSÃO EÓLICA: A AUSÊNCIA E A NECESSIDADE DE UMA REGULAMENTAÇÃO ESPECÍFICA NO DIREITO CIVIL

Abstract

The expansion of wind energy in Brazil’s semi-arid region has triggered significant transformations in land ownership structures and fostered new contractual arrangements to enable the installation of wind farms. The lack of specific regulation for land-use contracts reveals important legal challenges, particularly in light of the imbalance in contractual relations established between energy generation companies and small landowners. This study aims to analyze the factual context underlying these contracts, examine their current regulation under Brazilian civil law, assess the possibility of their revision or annulment based on available legal instruments, evaluate judicial responses to contractual disputes, and discuss regulatory proposals currently under consideration. The research adopts a qualitative and descriptive approach, drawing on bibliographic and documentary review, analysis of contracts and court decisions, as well as the examination of legislative proposals and institutional recommendations, such as those issued by the Federal Public Prosecutor’s Office. The findings indicate the prevalence of disproportionately burdensome clauses, extended contract durations, excessive penalties, and unclear remuneration structures, often accepted by landowners lacking technical, legal, and economic knowledge, thereby revealing a scenario of pronounced informational vulnerability. The analysis of legal principles, such as contractual lesion, the duty to renegotiate, the social function of contracts, and material equivalence, shows that while protective mechanisms do exist in the legal framework, their judicial application remains limited. The jurisprudence examined demonstrates a consistent pattern of denying requests for contractual revision, based on interpretations that overlook the material imbalance and the structural disadvantage of landowners. In light of these findings, the study concludes that there is an urgent need to reinterpret existing legal doctrines in accordance with contractual realities and to develop a specific regulatory framework that ensures greater contractual fairness and safeguards the rights of communities affected by the energy transition.