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Blackout in SP Kept Store Closed for Days, Disrupted Revenue, Caused Proven Losses, and Resulted in Judicial Decision That Set Damages of R$ 40 Thousand to the Affected Merchant
The 14th Civil Court of São Paulo ordered Enel to pay R$ 40 thousand to a merchant who kept her store closed for five days after a blackout in SP that occurred last year, acknowledging an unlawful act due to the excessive delay in restoring electricity.
Responsibility of the Utility in the Blackout in SP
The decision was made by Judge Marina Balester Mello de Godoy, who understood that the obligation to compensate was characterized in light of the prolonged interruption of service, regardless of the causes alleged by the utility responsible for the service in the capital city.
Enel argued that the blackout resulted from a climatic event of large proportions and unforeseen circumstances, a claim rejected by the judge who applied articles 14 and 22 of the Consumer Protection Code, which impose objective liability.
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According to the judge, even in situations involving external events, the utility cannot entirely transfer the responsibility for damages to consumers, especially when there is a failure in providing the essential electricity service.
Non-Compliance with Regulatory Deadlines
The ruling emphasized that Enel failed to comply with all the deadlines set forth in Resolution No. 1,000/2021 by Aneel, which establishes limits between four and 48 hours for resuming service in cases of interruption.
“With each climatic event that occurs in the city, the scenario is almost always the same: several points in the city without electricity for days,” the judge wrote, mentioning the recurrence of blackouts in São Paulo.
Last month, Greater São Paulo recorded another episode of power interruption after heavy rain, reinforcing the history considered in the foundation of the judicial decision.
Calculation of the Fixed Compensation
The merchant requested R$ 6 thousand for each day the store was closed, totaling R$ 30 thousand in material damages, an amount accepted by the judge due to the lack of specific contestation from Enel regarding the presented calculation.
Additionally, the ruling ordered the payment of R$ 10 thousand for moral damages, composing the total compensation of R$ 40 thousand owed to the plaintiff.
According to lawyer Talita Veloso Dias, who coordinated the work of the law firm Cerveira, Bloch, Goettems, Hansen and Longo Advogados Associados, “Enel must answer for the damages resulting from the service failure,” as claims of fortuitous events or force majeure do not absolve liability.
Click here to read the ruling – Case 1107319-04.2023.8.26.0002
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