Aspectos sociais e econômicos da proibição da interrupção do serviço público de energia elétrica durante a pandemia de covid-19

Abstract

The present work aims to analyze the policy adopted by the Public Authority regarding the (im)possibility of interrupting the public service of electricity supply in case of consumer default. Thus, the followingproblem is addressed: "Is the COVID-19 pandemic a sufficient argument to justify the non-interruption of public electricity supply service in case of default?" To do so, through the hypothetical-deductive method, the study starts with an analysis of the essentiality of the right to access electricity and its relevance for socioeconomic development. Subsequently, the fundamental nature of the right to access electricity and the need for its implementation by the Public Authority through public service were demonstrated. Furthermore, the hypotheses for interrupting the provision of this service were addressed. Finally, the reactions of the federal and state governments to contain the impacts of the pandemic were explored, including the impossibility of interrupting the provision of the service during the state of public calamity. This measure was analyzed from both a social perspective, based on the Federal Constitution, and an economic perspective, through the Law & Economics approach. It is observed that  these public service companies are burdened by an increase in the number of defaulters, which has negative impacts on the continuity of economic activity and, consequently, on the distribution of energy to all users, considering the impacts of redistributing the losses resulting from default. Therefore, it is concluded that the pandemic cannot be the sole argument for the non-interruption of the service, as it would weaken its proper provision.