Cemig (Companhia Energética de Minas Gerais) was ordered by the 1st Civil Chamber of the TJMG (Tribunal de Justiça de Minas Gerais) to pay R$ 5.000,00 in compensation for moral damages to a consumer who faced several interruptions in the supply of electricity in 2022.
The decision overturned a ruling by the Caldas District Court, in southern Minas Gerais, which had denied the request in the first instance. According to the lawsuit, the resident reported 14 power outages throughout the year, including an interruption of almost nine hours on December 31st.
Two days earlier, the house had already been without power for about three hours. She stated that the outages were frequent throughout the neighborhood and had caused her significant material damage and disruption.
Cemig argued that the outages were caused by external factors, such as falling trees and lightning strikes – factors that, according to the company, were beyond its control.
The rapporteur for the appeal, judge Manuel dos Reis MoraisHowever, it was assessed that the concessionaire failed to prove the occurrence of the alleged natural events, nor did it demonstrate that it had restored service within the deadlines defined by the regulations of the electricity sector.
According to the judge, the repeated failures constitute a violation of the legal duty of continuity and quality in the supply. "The consumer was without power for extended periods, a fact that in itself generates insecurity, discomfort, and distress, especially when repeated and without a convincing justification," he stated.
Justices Alberto Vilas Boas and Márcio Idalmo Santos Miranda concurred with the rapporteur's vote, resulting in the concessionaire's conviction.
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