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Decision of the Court of Justice of Ceará Confirms Conviction of R$ 10 Thousand After Unlawful Interruption of Energy in Residence of Eusébio, Even Without Debts, with Reconnection Occurring Only 12 Days After the Cut
The state judiciary convicted Enel Distribuição Ceará to pay R$ 10 thousand for moral damages after an unlawful energy cut in Eusébio, which occurred in March 2019, decision upheld on September 6, 2023, by the 2nd Chamber of Private Law of TJCE. The residence remained without energy for many days.
The judgment recognized a failure in service provision after the interruption of supply to a compliant resident, with reconnection only 12 days later, causing material losses and distress, and set compensation deemed proportional to the damages assessed in the process.
Unlawful Cut and Delay in Reconnection
According to the records, the resident always paid her bills regularly but had her energy supply suspended overnight, in March 2019, without prior notice or justification presented by the utility at that time.
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After noticing the lack of energy, the customer contacted the distributor’s customer service center, where she was informed that there was no immediate identification of the cause of the problem and that a team would be sent within four hours.
Even after successive attempts, the energy was not restored within the informed timeframe, leading the resident to make 22 calls to reiterate her request, without any effective solution from the company.
The service was only normalized 12 days later, when neighbors informed that a team from Enel was working in a nearby neighborhood, leading the customer to move to the site to request reconnection.
According to the process, there was initial resistance from the workers, who claimed they were not responsible for the demand, but the situation was eventually resolved after the direct intervention of the consumer.
Material Losses and Denial of Reimbursement
With the resumption of supply, the resident found damage to household appliances, including two televisions and an electric gate motor, in addition to the loss of various foods stored during the period without energy.
In light of the losses, the customer requested reimbursement from the distributor, which denied the request, leading her to seek the judiciary to claim compensation for moral damages resulting from the prolonged interruption.
In its defense, Enel claimed that there was no unlawful suspension of supply, arguing that weather problems, such as heavy rains and electrical discharges in Ceará, would characterize a case of force majeure.
The company also claimed that the supply had been restored within 24 hours and that, therefore, there would be no damage to be compensated, an argument rejected in the judicial instances.
Judicial Decisions and Maintenance of the Sentence
In May 2023, the 4th Civil Court of the District of Fortaleza recognized the liability of the utility and emphasized that there was no justification for the 12-day delay in service restoration, setting compensation at R$ 10 thousand.
Enel appealed to the Court of Justice of Ceará, claiming that its responsibility is limited to the delivery point of the energy and that the resident did not adopt adequate precautions in the use of electricity.
In the appeal, the company also argued that claims of embarrassment, displeasure, and loss of tranquility would not be sufficient to characterize compensable moral damage, a position again rejected by the judiciary.
On September 6, 2023, the 2nd Chamber of Private Law of TJCE upheld the sentence, understanding that the amount set was proportional to the losses caused by the interruption of electrical supply at the residence.
The rapporteur, Judge Carlos Alberto Mendes Forte, stated that “it has been evidenced that the suspension of electric power supply to the consumer unit occurred unlawfully,” highlighting the obligation of service continuity.
According to the magistrate, it is the utility’s responsibility to maintain equipment and specialized personnel to prevent interruptions or minimize their consequences, preventing failures from prolonging for excessive periods, as occurred in the case analyzed.
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