Possibility of the public service provider to suspend the supply of electrical energy in reason of past debit of the final recipient of: comments on Special Resource No. 1412433/RS

Possibilidade do prestador de serviços públicos suspender o fornecimento de energia elétrica em razão de débito pretérito do destinatário final do serviço: comentários ao Recurso Especial No 1412433/RS

Abstract

On the occasion of the judgment of special appeal nº 1412433/RS, which took place on 04/24/2018, When analyzing a discussion regarding the possibility of public service provider suspending the supply of electricity due to past debt of final recipiente of the service, he signed the repetitive theme nº 699, through which he prevailed the following thesis that inthe evento f a strict debt of recovery of effective consumption due to fraud in the meter device attributed to the consumer, provided that is verified in compliance with the principles of contradictory and ample defense, it is possible to administratively cu off the supply of electric energy service, upon prior notice to consumer, for the default of recovered consumption corresponding to the verification of the fraud, provided that the cu tis executed within 90 days after the due date of debt, without prejudice to the concessionaire’s right to use the judicial means ordered debt collection procedures, including prior to the aforementioned 90 days of retroaction.