Post by xyz2900 on Feb 11, 2024 4:39:58 GMT -5
Eletropaulo is prevented from cutting off electricity to São Paulo city hall units. The decision is made by Minister Edson Vidigal, president of the Superior Court of Justice, for whom “the lack of criteria for cutting electricity has interrupted numerous relevant public services, such as vaccination services in health centers, harming the public interest that should be prioritized here.” The minister reconsidered the previous decision and rejected the company's appeal to suspend supply. In its request to the STJ, Eletropaulo stated that the São Paulo Court's decision to prohibit the cutting of electricity supply based on Law 8,437/92, causes harm to public order, as it imposes severe and illegal burdens on the concessionaire and compromises the regular exercise of administrative powers defined by law regarding procedures in case of default.
According to the company's defense, there would be a risk of harm to the public economy, as the concessionaire's economic-financial balance would be compromised. Initially, the minister partially granted the concessionaire's request, considering the jurisprudence that the interruption in the supply of electricity due to the user's lack of payment does not constitute a discontinuity Belize Email List in the provision of public service for the purposes of applying the Consumer Protection Code . On the occasion, the president noted that the municipality is not prevented from legally questioning the debt for electricity consumption or the provision of services itself, but this fact could not serve as a safe conduct to continue using energy without paying, nor prevent the concessionaire to make the cut in case of default.
He stressed, however, that there should be prior notification for the cut. On appeal from the municipality, however, Vidigal reconsidered the previous decision: “after a long period of tolerance by Eletropaulo regarding the municipality's default during the past public administration, it suddenly argued a serious and imminent danger of irreparable damage compromising the continuity of public service that it provides, without explaining that the current Administration honors its commitments and is up to date with the payment of the electricity tariff”.For lawyer Nehemias Gueiros , a specialist in Copyright Law, Show Business and Internet Law, the charge for cinema soundtracks would be absurd, since the film production already pays the recording producer and the music publisher for synchronizing the music.
According to the company's defense, there would be a risk of harm to the public economy, as the concessionaire's economic-financial balance would be compromised. Initially, the minister partially granted the concessionaire's request, considering the jurisprudence that the interruption in the supply of electricity due to the user's lack of payment does not constitute a discontinuity Belize Email List in the provision of public service for the purposes of applying the Consumer Protection Code . On the occasion, the president noted that the municipality is not prevented from legally questioning the debt for electricity consumption or the provision of services itself, but this fact could not serve as a safe conduct to continue using energy without paying, nor prevent the concessionaire to make the cut in case of default.
He stressed, however, that there should be prior notification for the cut. On appeal from the municipality, however, Vidigal reconsidered the previous decision: “after a long period of tolerance by Eletropaulo regarding the municipality's default during the past public administration, it suddenly argued a serious and imminent danger of irreparable damage compromising the continuity of public service that it provides, without explaining that the current Administration honors its commitments and is up to date with the payment of the electricity tariff”.For lawyer Nehemias Gueiros , a specialist in Copyright Law, Show Business and Internet Law, the charge for cinema soundtracks would be absurd, since the film production already pays the recording producer and the music publisher for synchronizing the music.