Blackout in São Paulo: do consumers have the right to compensation?

O blackout That left more than 2 million residents without electricity because of a storm that hit the Metropolitan region of Sao Paulo, on Friday last week (03), raised a series of questions on the subject over the last few days.

Many consumers felt entitled to enter with a claim for compensation against Enel-SP, a concessionaire that manages the affected regions, due to any losses caused. 

In this sense, the question remains: consumers Brazilians who are left without electricity supply service he has right to some kind compensation from distributors?

In an interview with Solar Channel, Ricardo Chiminazzo, lawyer and president of the Consumer Law Commission of the OAB (Brazilian Bar Association) in Campinas (SP), explains that Any client who feels affected is free to take legal action against energy distributors in Brazil. 

The professional explains that the consumers do not need to prove that they are not to blame for the damage, but they need to make it clear what damages were suffered, whether material, financial or even emotional, through evidence.

“Anything that the consumer feels harmed can be charged, from food lost in the refrigerator to labor losses. Today, for example, working from home has become a reality in people’s daily lives”, he commented.

“Was I able to carry out my work correctly at home without power? Have I missed business opportunities? Did I have to leave my home to work in a coworking space and did I need to spend money on daily allowances? All of this is subject to judicial request”, he explained. 

The lawyer also stressed that There is no minimum time for the consumer to have to be without power in order to sue a dealership. “Each case is different and will obviously need to be analyzed”, he highlighted. 

As an example, he cited the hypothetical case of a person who has a sick relative at home and who needs a device turned on to survive. “If it is proven that the time your home was without power caused damage, it is perfectly reasonable to ask for compensation,” he commented. 

“Another example: I have an aquarium with fish and my pet dies because, without power, the aquarium compressor didn't work. I have plausible justifications for asking for judicialization. In other words, each consumer needs to see how the lack of energy affected them so that they can take the appropriate measures”, he pointed out. 

The lawyer also drew attention to the fact that depending on what each consumer feels affected, there may also be other legal consequences. 

“Let’s say I work from home and, when I lose power, I lose a client. In addition to the lost profit, I can also ask for compensation for moral damages, because this affected my credibility”, he commented.   

How do I get my rights back?

Among the possible solutions is the possibility for the consumer to seek both the Judiciary and Procon (Consumer Protection and Defense Foundation). 

“My suggestion is to always follow it step by step. First, formalize the complaint with the energy supplier, then file a complaint with Procon and, finally, go to court,” said Chiminazzo. 

In the case of Procon, the lawyer explains that it is not necessarily necessary to hire a lawyer for this, since complaints can be made in the Electronic Channel or on the telephone number 151. 

On the platforms, residents' demands are responded to within five working days and complaints are registered within 15 working days. 

“In more complex cases, imagining that there will be a legal demand, the ideal is to look for a lawyer so that the affected client can have adequate assistance”, concluded Chiminazzo. 

Complaints at ANEEL

In addition to filing a lawsuit to recover their rights, consumers can also, if they wish, open a complaint with ANEEL (National Electric Energy Agency). 

In this sense, residents can use the virtual assistant on the Agency's website and fill out a form detailing the complaint. Click here to gain access. 

https://canalsolar.com.br/falta-de-energia-gera-prejuizo-de-r-126-milhoes-ao-comercio-paulista/

Consumers can also use the Aneel Consumidor app (available for Android and iOS) and telephone numbers 167 and 0800-727-0167 (open from Monday to Saturday, from 6:20 am to midnight).

To use consumer.gov.br, you must register on the Gov.br Portal and register a complaint about the energy company's actions. 

When registering the complaint, it is necessary to provide personal data and indicate which energy company you wish to complain to.

In the specific case of Enel-SP, for example, the Agency has already opened inspection and investigation processes to verify responsibility for the delay in the complete resumption of energy supply in the State. 

In the entity's understanding, although the power outage was caused by a highly serious weather event, it is necessary to investigate any failures and responsibilities of the concessionaire in the delay in reestablishing the power supply in the State. 

If an irregularity is found, the penalty can reach 2% of the distributor's annual revenue, according to ANEEL itself.