ARTICLE
25 August 2026

Decree No. 13,097/2026 | Opening Of The Free Electricity Market

MB
Mayer Brown

Contributor

Mayer Brown is an international law firm positioned to represent the world’s major corporations, funds, and financial institutions in their most important and complex transactions and disputes.
Brazil's Decree No. 13,097/2026 opens the free electricity market to approximately 90 million low-voltage consumers, including households and small businesses, marking a transformative shift in how electricity is contracted. The regulation establishes a phased implementation schedule beginning in 2027, with specific requirements for migration between regulated and free contracting environments.
Brazil Energy and Natural Resources
Mayer Brown are most popular:
  • within Compliance, Government, Public Sector and Accounting and Audit topic(s)

Regulation of the Opening of the Market to Low-Voltage Consumers (Group B) — A New Regulatory Framework for ~90 Million Consumer Units

On August 13, 2026, Decree No. 13,097/2026 was published, regulating the opening of the free electricity market to low-voltage consumers (Group B), including households, small businesses, and small industries. The measure establishes the conditions for migration from the Regulated Contracting Environment (ACR) to the Free Contracting Environment (ACL), and sets a gradual schedule for the opening of the market.

Among its main provisions, the Decree establishes that migration must be carried out with representation by a retail agent and prior notice to the distribution company at least 90 days in advance. It also establishes conditions for returning to the ACR, creates rules governing the operation of the Supplier of Last Resort (SUI), and provides that, until December 31, 2030, this function will be performed exclusively by distribution companies.

The market opening for industrial and commercial consumers is scheduled for November 25, 2027, while other low-voltage consumers will be able to migrate as of November 25, 2028. The operational regulation of the main aspects of the new model remains subject to rules to be issued by ANEEL.

The measure represents a significant change in the dynamics of electricity contracting, and requires companies and consumers to pay close attention to migration conditions, tariff impacts, and the new rules applicable to the free electricity market.

The Global Energy practice of Tauil & Chequer Advogados in association with Mayer Brown are available for any additional clarification on this topic.

Resource Downloads

Visit us at mayerbrown.com

Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.

© Copyright 2026. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More