Post by xyz2900 on Feb 11, 2024 3:47:45 GMT -5
Electricity companies cannot cut off electricity to consumers who contest debt collection in court. This is the understanding of the 2nd Panel of the Superior Court of Justice, which rejected Eletropaulo's appeal. Minister Castro Meira, rapporteur on the issue, stated that the STJ's understanding that the concessionaire can interrupt the supply of energy if the consumer remains in default after notification does not apply to this case. In this case, the debtor cannot suffer retaliation from the creditor and the interruption of supply constitutes embarrassment for the consumer who seeks to discuss in court the debt that he considers undue. The disputed debt was calculated by Eletropaulo, which discovered an alleged fraud and began charging the consumer the difference between the measured value and the value that the company claims was actually consumed between May 1999 and May 2004.
The consumer filed a precautionary measure because Eletropaulo had interrupted the supply of electricity based on expertise produced unilaterally and without his knowledge. The injunction was granted and Eletropaulo filed an appeal, but the appeal was rejected by the São Paulo Court of Belize Email List Justice. The ruling stated that “the cutting of essential electrical energy services where there are values under discussion is not permitted”. Eletropaulo then filed an Interlocutory Appeal with the STJ and claimed that “if any irregular procedure is verified, the authorized measure is to cut the supply”, even if the debt is being discussed in court. The argument had no effect.
Nowadays, Sesc São Paulo has 30 units spread across the Capital and Interior of the State, with cultural and sports centers, country centers, a holiday center in Bertioga, centers specializing in dentistry, cinema and social tourism, which receive, on average, 1,200,000 visitors per month. The judgment of the appeals filed by Sesc, Senac and INSS, in the session on November 16, was, therefore, a true crowning of the excellence of the activities provided by these entities. The federal judge summoned, and rapporteur of this process, Sílvio Gemaque, judged that the contributions destined for Sesc and Senac were accepted by the Federal Constitution of 1988 and that the expression “commercial establishment” encompasses both commerce and services.
The consumer filed a precautionary measure because Eletropaulo had interrupted the supply of electricity based on expertise produced unilaterally and without his knowledge. The injunction was granted and Eletropaulo filed an appeal, but the appeal was rejected by the São Paulo Court of Belize Email List Justice. The ruling stated that “the cutting of essential electrical energy services where there are values under discussion is not permitted”. Eletropaulo then filed an Interlocutory Appeal with the STJ and claimed that “if any irregular procedure is verified, the authorized measure is to cut the supply”, even if the debt is being discussed in court. The argument had no effect.
Nowadays, Sesc São Paulo has 30 units spread across the Capital and Interior of the State, with cultural and sports centers, country centers, a holiday center in Bertioga, centers specializing in dentistry, cinema and social tourism, which receive, on average, 1,200,000 visitors per month. The judgment of the appeals filed by Sesc, Senac and INSS, in the session on November 16, was, therefore, a true crowning of the excellence of the activities provided by these entities. The federal judge summoned, and rapporteur of this process, Sílvio Gemaque, judged that the contributions destined for Sesc and Senac were accepted by the Federal Constitution of 1988 and that the expression “commercial establishment” encompasses both commerce and services.