TRF pauses, but promises to conclude trial in Amapá blackout case

Cleber Barbosa
From the Editor

Under the report of the federal judge Flávio Jardim, the Federal Regional Court of the 1st Region (TRF1) admitted a Repetitive Demand Resolution Incident (IRDR) determining the suspension of pending processes, individual or collective, that are being processed throughout the 1st Region, in which the legitimacy of the Union and/or the National Electric Energy Agency is being discussed (Aneel) to appear on the defendant side of the demands that aim to condemn the agents/entities involved in the interruption of the electricity supply in the state of Amapá, which occurred in November 2020 (Apagão do Amapá).

To understand

The Repetitive Demand Resolution Incident (IRDR) is a legal tool that jointly identifies and decides cases with the same question of law. The IRDR was one of the innovations of the new Civil Procedure Code (CPC), 2015, and is regulated in articles 976 to 987.

The IRDR aims to ensure that cases with the same legal issue have the same solution, which brings speed, equality and security.

Processing

According to the information disclosed in the process in question (Process PJe 1026562-24.2024.4.01.0000), a precautionary measure was granted at the IRDR, on September 20th, under the following terms: “In view of the above, based on art. 29, V and IV, of RITRF-1, and in the general power of caution, I grant the precautionary measure to determine the suspension of pending processes, individual or collective, that are being processed throughout the 1st Region and deal with the legal issue that is the subject of this IRDR, until the final judgment of the admissibility of the Incident by the Third Section”.

The Section’s Case Processing Division must communicate to the competent jurisdictional bodies about the precautionary measure to suspend the processes, and, as a matter of urgency, the 1st Appeal Panel of the Judiciary Section of Amapá (SJAP) and the Judicial Section of Pará (SJPA). The process will be on the agenda of the October 29th session of the 3rd Section for the Collegiate’s referendum.