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Decision of the 31st Civil Court Determines That Enel Restore Power in São Paulo and Greater SP, Prioritizing Hospitals, Police Stations, Prisons, Nurseries, Schools, Water and Sanitation, as Well as Customers with Life Dependency. Noncompliance Results in a Fine of R$ 200 Thousand per Hour, with Risk of Asset Seizure and Judicial Intervention.
According to UOL, on the night of Friday, 12/12/2025, the São Paulo court ordered Enel to immediately restore power in essential areas affected by the blackout in the capital and the metropolitan region, with the order taking effect after the company was notified of the decision.
Urgent Protection Decision and Who Signed the Order
The decision was granted on an urgent basis and signed by Judge Gisele Valle Monteiro da Rocha of the 31st Civil Court of the Central Forum.
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The order applies to the utility responsible for distributing electricity in 24 cities of Greater São Paulo and mandates the immediate restoration of service in essential locations.
Deadlines for Restoring Service and the Four-Hour Rule
The court ordered that if immediate restoration is not possible for technical reasons, Enel must restore power within four hours for prioritized services.
For other affected properties since Tuesday (9), the court determined that restoration should occur within 12 hours.
What Counts as Essential Service During the Blackout in São Paulo
The priority determination covers:
healthcare facilities and health services, customers registered with Enel whose lives depend on the supply, essential public institutions such as police stations and prisons, as well as nurseries and schools.
The order also includes water supply and sanitation systems and locations with vulnerable individuals, such as the elderly and disabled persons.
Fine of R$ 200 Thousand per Hour and Obligation to Inform
In case of noncompliance, the decision foresees a fine of R$ 200 thousand per hour. The judge also ordered Enel to inform, through all its channels, within 12 hours, the estimated time for power restoration by area and incident, with continuous updates until full normalization, likewise under penalty of a fine of R$ 200 thousand per hour.
The text emphasizes that noncompliance will result in the immediate execution of the fine.
Threat of More Severe Measures Against Enel
The decision provides for notification of Aneel and consumer protection agencies.
The judiciary also indicated that it could adopt more severe measures, such as seizure of assets, judicial intervention, and investigation of civil and criminal responsibility, without excluding other processes, including the possibility of actions for collective moral damages.
Criticism of Lack of Contingency and Communication During the Blackout in São Paulo
In her reasoning, the judge emphasized that excessive interruption, for more than 72 hours, without an effective contingency plan and minimally adequate communication, would demonstrate a severe structural failure.
She noted that severe weather events, although predictable this time of year, require prior preparation, material stockpiles, team logistics, and coordination with public authorities and Civil Defense.
She also stated that the current crisis would not be an isolated episode, mentioning a recent history of noncompliance, especially during rainy periods and year-end, when the structure should be strengthened.
The judge cited fines for noncompliance with quality standards and pointed out repeated failures over the years.
For the judge, the omission of information to customers amid the lack of power is serious, with no clear and precise forecast for restoration.
Action of the Public Prosecutor’s Office and the Public Defender and the Size of the Blackout
The decision came after a public civil action filed by the Public Prosecutor’s Office of São Paulo and the Public Defender’s Office.
The agencies pointed to “inadequate, inefficient, and discontinuous” service after massive interruptions that began on December 9 and 10, which affected around 2.2 million consumer units.
By 11 PM on Friday (12), according to Enel’s website, more than half a million customers were still without power throughout the concession area.
Most Recent Numbers of Properties without Power in São Paulo and Region
Across Enel’s concession area, there were 462,615 properties without electricity, according to a panel updated at 10:05 AM on Saturday. On Wednesday (10), the number of properties without power in the concession area of the state surpassed 2.1 million.
The capital was the most affected municipality, with 343,214 properties impacted. Following that, São Bernardo do Campo had 13,723 affected properties.
Death Recorded During the Blackout in São Paulo
The report mentions the death of a building caretaker, Nivaldo Silva, who attempted to remove a branch from Rua Piauí in Higienópolis.
He was pruning the branch hanging from the tree when he lost his balance and fell, hitting his head on a curb. He was rescued but did not survive.
Do you think that Enel should face judicial intervention in São Paulo if services do not normalize quickly, or would higher fines be sufficient?
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