Abstract Law No. 15097/2025, enacted in December 2024, together with Decree No. 10946/2022, established the guidelines for offshore wind energy exploration in Brazil. This analysis purports to address certain legal challenges that may require regulatory refinement to foster offshore wind projects in Brazil, as well as potential solutions to bottlenecks that could unlock investments in this sector. From a Brazilian legal perspective, we review the main challenges and outstanding regulatory issues related to offshore wind energy exploration which are still pending regulation or may need further regulation, including without limitation (i) the integration of offshore wind power generation projects into the onshore grid; (ii) the areas that may be granted under a single contract; (iii) the possibility of granting rights over areas that overlap with oil or natural gas production zones; (iv) the holding of specific auctions for offshore wind energy contracts with potential offtakers; and (v) other pertinent regulatory matters essential for the sector's enhancement. This study will examine the current challenges surrounding the guidelines for offshore wind energy exploration in Brazil, a topic gaining attention due to recent legislation and appetite for such projects. It aims to highlight factors unaddressed by current legislation, focusing on considerations, from a Brazilian legal standpoint, for investors, particularly offshore oil producers and other stakeholders in the oil & gas sector, who may be impacted by these projects and are looking to invest in this market that has great potential.
Coelho et al. (Tue,) studied this question.