It is common to find several legal processes in which the parties seek compensation for moral damages resulting from events such as power fluctuation power outage supply failure etc. Obviously we cannot deny that the lack of energy is a nuisance but to what extent is it justified to grant compensation for supposed moral damages? The logic of most sentencesjudgments that accept such requests falls within the application of the Consumer Protection Code with the incidence of presumed damage in the face of supply failure. Many of the judicial manifestations focus on concepts such as efficient energy supply without damage uninterruptedly without fluctuations.
Due to the specificities surrounding Energy Law it is important Iran Telegram Number Data to draw attention to the indeterminacy of the concept of terms such as efficient without damage uninterruptedly without fluctuations . Knowing that it is natural in the energy supply there are cases of interruption for the most diverse reasons an ideal scenario is created for the proliferation of adventurous demands: the outageinterruption occurs the party seeks the Judiciary and based on grounds in the most diverse senses obtains compensation for moral damages. Then just wait for the next interruption regardless of the cause.
It is not reasonable to imagine the possibility of any concessionaire in the world providing uninterrupted service or being severely penalized for supply failures often caused by events beyond their control. The very unstable nature of the good electrical energy and the various occurrences such as accidents that collapse the concessionaire's structures storms trees invading rights of way and touching the electrical grid etc. combined with the fact that Brazilian legislation does not incorporate the integral risk theory justify a careful analysis of the topic. Minister Nancy Andrighi in REsp. RS in a vote unanimously accepted by the rd Panel in a specific case in which a five-day interruption was being discussed wisely pointed out.
发表于 2024-3-10 12:00:54
