Biogás: uma análise da necessidade de produção de normas específicas no ordenamento brasileiro

Abstract

This thesis addresses the need to verify the production of a federal regulatory standard for questions about biogas. The objectives of the research are the description of the positive norms on biogas, including the decree-law nº: 11003/2022, an analysis of the incompleteness of the currently effective norms and the establishment of a methodology for the writing of a future federal law on biogas. To this end, an initial conceptual contextualization was carried out, both of the concept of biogas and of the theories about incomplete regulation, followed by a description of the legislated norms that address the subject, the constitutional competence to legislate on the matter, the identification of gaps in regulation, the creation of a methodology for the drafting of a future federal law on biogas, based on the prescriptions protected in complementary law nº: 95 and Decree nº: 9191/2017. The materials used to prepare the thesis were the bibliographic reference, materials available electronically and documents that are in accordance with the legislated norms. The results achieved with the research were the verification of the initial hypothesis that there was incompleteness of the regulation of biogas, lacking a specific norm on the subject and the proposition of a methodology for the creation of a future federal law on biogas. In conclusion, gaps in current legislation were pointed out and the propriety of elaborating its own and specific rule for the matter.