Federal judge suspends injunction that prevented adjustment of 44.41% in Amapá’s energy bills – News of Brazil
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Paulo Silva
From the Editor
Judging appeal from the National Electric Energy Agency (Aneel), the judge José Amilcar Machado, President of the Federal Regional Court of the 1st Region (TRF1), suspended the effects of the injunction issued by the Federal Court of Amapá that prevented the extraordinary tariff review of 44.41% in favor of CEA Equatorial, the electricity concessionaire in the state. The decision was made on December 4th, but was only made public this Tuesday (5th). Aneel has a meeting scheduled for this Tuesday, 5th, and can approve the review that would come into effect from December 13th.
In the decision, the judge states that Aneel proved in the records to have held a meeting on August 23, 2023 with the representatives of the concessionaire’s Electricity Consumers Council prior to deliberating the process and, also, to have held a public hearing in the city of Macapá on September 27, 2023, in which there were presentations by Aneel, the president of the CEA Consumer Council and other local and national authorities, leaving, therefore, the only concrete legal argument mentioned in the court decision, referring to the existence of irregularity in the conduct of the administrative process by Aneel, due to the alleged absence of these meetings.
“It is worth recognizing that the court decision, in addition to preventing the continuation of the regular administrative process of extraordinary tariff review, provided for in the concession contract, violating the administrative order, has the potential to cause serious damage to the economic order, as the energy tariffs paid by the consumer not only remunerate the public electricity distribution service granted to CEA/Equatorial, but represent a financing mechanism for the entire electric energy production chain, also remunerating generation and transmission services and covering sectoral charges intended to promote public policies for the electricity sector. Therefore, in view of these arguments and the case law mentioned, I understand that it is appropriate to accept the request made by Aneel,” wrote Amilcar Machado in the decision.
The request from the National Electric Energy Agency, with the support of Companhia de Eletricidade do Amapá (CEA-Equatorial), sought the suspension of an injunction to suspend the effects of the decision handed down by the 6th Federal Court of the Judiciary Subsection of Amapá until the final judgment of the action, given the serious damage to administrative order and the public economy.
The court decision against which Aneel is protesting suspended the extraordinary tariff review process of the electricity distributor CEA-Equatorial, which would be assessed by the Agency’s Collegiate Board on December 5th and 13th.
According to the regulatory agency, “Given the seriousness of the situation, which could cause serious damage to public order, to the extent that, without justified cause, it puts at risk the continuity and timeliness of the provision of the public electricity distribution service, suspending the progress of an administrative process scheduled For legality, as well as the support of the electricity sector as a whole, this suspension request is proposed”.
The overturned injunction had been obtained in an action by senator Randolfe Rodrigues and federal deputies Dorinaldo Malafaia, Josenildo Abrantes, Vinícius Gurgel de Goreth Sousa.
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Randolfe stated that he will appeal the judge’s monocratic decision José Amilcar, which suspended the injunction that blocked the 44% increase in electricity in Amapá. The senator filed a popular action to try to stop the abusive increase in Amapá’s electricity bills. “This absurd increase is not justified from any perspective other than profit for the worker”stated Randolfe. The resource now goes to the full TRF1.
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