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TJ-RO Decision Annulled Invoice of R$ 13 Thousand and Recognized Abuse by the Energy Distributor.
The Court Condemns Energy Company in Rondônia for Cutting Off Electricity Supply to a Home with a Child Who Has Level 3 Autism, the Most Severe Classification of the Disorder. The decision annulled a charge of R$ 13,292.88 deemed abusive and ordered compensation for moral damages.
According to the Conjur portal, the 2nd Civil Chamber of the Court of Justice of Rondônia upheld the ruling of the 6th Civil Court of Porto Velho, which recognized the company’s failure in applying an irregular criterion for consumption calculation.
The Case That Led to the Conviction
The power cut occurred after an inspection in August 2024 identified alleged electricity diversion at the residence.
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The distributor then applied a charge calculated by the average of the three highest consumption values, raising the debt to over R$ 13 thousand.
According to the rapporteur, Judge Alexandre Miguel, this criterion was abusive because it did not reflect the family’s actual consumption. Additionally, the power cut directly harmed a child in a vulnerable situation, dependent on intensive care.
The Court’s Understanding
In its decision, the TJ-RO established that the correct assessment should consider the average of the three months following the regularization of the meter, and not the highest peaks of consumption.
The court also limited retroactive charges to a maximum of 12 months, as stipulated in regulatory norms.
Judges Isaias Fonseca Moraes and Torres Ferreira fully supported the rapporteur’s vote.
The ruling reinforced the understanding that distributors cannot apply calculation methods that distort the reality of the customer’s consumption.
Social Impacts of the Decision
The presence of a child with level 3 autism was a central factor in the case analysis.
For the court, the interruption of electricity in a household with a person in high vulnerability exacerbates moral damages, making the penalty against the company even more necessary.
In addition to the annulment of the invoice, the recognition of abuse signals that utility companies must act with greater caution in situations involving fundamental rights, especially when affecting families in fragile conditions.
Precedent for Similar Cases
According to experts, the decision may serve as a reference for other cases involving abusive charges or undue disconnections.
The court emphasized that the right to electricity is directly linked to human dignity, being essential to ensure basic living conditions.
The case (nº 7060599-51.2024.8.22.0001) reinforces that the company’s practices must be curtailed to prevent imbalances between consumers and public service providers.
The case demonstrates how judicial decisions can protect vulnerable families against abusive practices by large companies.
The company’s conviction highlights that charging criteria cannot ignore the social reality of consumers.
Do you believe that energy distributors should have stricter rules to prevent disconnections in homes with vulnerable individuals?
Share your opinion in the comments; we want to hear about your experience on the subject.
Aqui em Niterói-RJ. O problema foi com fornecedor de água. Cortaram a água com uma negociação em andamento após uma cobrança dentro de um período com grande vazamento no hidrometro. Ficamos sem água quase 1 semana e meu filho autista severo não entendia porque precisava tomar banho nos vizinhos.
Poise eu sou de Minas gerais
Tenho um menino autista e tive minha energia cortada 2 vezes na sexta-feira
Graças a Deus. chegar de tanta injustiça da parte dessas empresas que se aproveitam das leis que e tão defasadas em nosso país. Onde trabalhadores,país e mães de família não tem vês.huuuf.