In Rio, an injunction that allowed power cuts during a pandemic is overturned

It was determined by the Court of Justice of the State of Rio de Janeiro, the interruption 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, was the one who made the decision as a way of mitigating the effects of the coronavirus. Thus, an injunction was interrupted that made restrictions on the ban on cuts to essential services. The list was in Resolution No. 878/2020 of the National Electric Energy Agency (Aneel), of March 24, 2020. water and sewage treatment, gas and electricity.

According to the president of the Court, the coronavirus pandemic is an unusual condition: “the exceptionality of the condition led to a retraction in production and, therefore, the commitment of the worker’s income, because a large part of the companies no longer have revenues and others, ahead of their specificities, such as leisure and tourism, are paralyzed”, reported Tavares.

In Rio, an injunction that allowed power cuts during a pandemic is overturned

State court 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 interruption 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, executing Aneel's resolution is embarrassing, especially for low-income people. And that way, the State Legislature has the capacity to legislate on the issue.

The judge also pointed out that this decision is not intended to "encourage default". “Especially because we know the plight of the concessionaire receiving resources to provide the community with an adapted, safe and efficient service. However, this is a very exceptional circumstance that, given its very nature, needs to be treated differently,” he said.