Law No. 15,097/2025, enacted on 10 January 2025, establishes the regulatory framework for renewable energy generation in areas under federal jurisdiction, governing the construction and operation of offshore wind farms in Brazil’s territorial waters, continental shelf, and exclusive economic zone. The law also sets out rules for the granting of usage rights in these areas to both domestic and foreign investors.

The legal framework adopts a dual approach to the granting of usage rights: Permanent Offer and Planned Offer. Under the Permanent Offer model, investors may identify specific maritime areas—referred to as “prisms”—for exploration, without the need for a public bidding process. In contrast, the Planned Offer model is a strategic approach in which the authorities pre-select the prisms, and allocation occurs through a public tender.

In both models, the consideration for granting usage rights includes: (i) a signing bonus—an amount set in the tender notice, payable upon granting; (ii) an annual occupancy fee—calculated in Brazilian Reais per square kilometer (R$/km²); and (iii) a proportional share—representing a percentage, defined in the tender, of the revenue from energy generation, paid monthly in accordance with applicable regulations.

Offshore energy generation activities must be coordinated with other maritime uses, such as fishing, navigation, and port operations, to ensure balanced coexistence among economic activities. The law requires a locational feasibility assessment and environmental licensing as prerequisites for project development. Projects must include impact mitigation measures and comply with all relevant environmental laws.

While Law No. 15,097/2025 marks a major step forward for offshore wind power in Brazil and lays the foundation for its development, effective implementation will depend on secondary regulations. These will define criteria for area selection, assignment procedures, applicable technical and environmental standards, and rules to reconcile multiple uses of marine space—key elements for legal certainty and the viability of offshore energy projects in Brazil.

Glossary – Corporate

Law No. 15,097/2025 – Federal legislation establishing the regulatory framework for offshore wind energy in Brazil.

Permanent Offer – A regulatory model allowing investors to propose specific maritime areas (prisms) for exploration without a public tender.

Planned Offer – A regulatory model in which authorities pre-select the areas to be allocated through public bidding.

Prisms – Specific maritime zones identified for potential offshore wind development.

Secondary regulations – Detailed legal rules that implement and operationalize a broader statutory framework.