It was decided by the Court of Justice of the State of Rio de Janeiro, the suspension of the injunction that allowed the cut of electricity in the state for people in default. From now on, companies are prevented from cutting the electricity supply for the next 90 days.
Claudio de Mello Tavares, President of the Court, took the decision as a way to mitigate the effects of the coronavirus. Thus, an injunction was suspended that made restrictions on the ban on cuts to essential services. The list was in Resolution Nº878/2020 of the National Electric Energy Agency (Aneel), of March 24, 2020. According to the new valid law, according to its article 2, the cut of essential services such as: supply water and sewage treatment, gas and electricity.
According to the president of the Court, the coronavirus pandemic is an unusual situation: “the exceptionality of the situation led to a retraction in production and, consequently, the commitment of the worker’s income, since a large part of the companies no longer have revenues and others, given their specificities, such as leisure and tourism, they are paralyzed”, reported Tavares.
State Justice decided to overturn the injunction that allowed the cutting of electricity in the state and the new measure will be valid for 90 days
The origin of the request for suspension of the injunction came from the Legislative Assembly of the State of Rio de Janeiro. The assembly approved a law that prohibits any type of power cut due to default.
According to Tavares, it is difficult to implement Aneel's resolution, especially for low-income people. And that way, the State Legislature has the ability to legislate on the issue.
The judge also pointed out that this decision is not intended to "encourage default". “Especially because we know the need for the concessionaire to raise funds to provide the community with an adequate, safe and efficient service. However, this is a very exceptional situation that, given its very nature, needs to be treated differently”, he said.
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