FIGUEIREDO, J. M.; http://lattes.cnpq.br/4950907660229502; FIGUEIREDO, Jailson Moreira de.
Résumé:
This paper discusses the uniqueness of the suspension of electricity supply, consumer default,
given the constitutional principle of human dignity, and their implications on the relationship
between state, provider and consumer. The research makes use of the historical-evolutionary
and legal exegesis, emphasizing the understanding of doctrine and case law attached to the
subject, from the perspective of public interest consumer individually wounded in his dignity,
with the abrupt cut in supply of electricity. Discusses the Law of Concessions, with respect to
the suspension in the supply of energy by the consumer defaults, pointing to the existence of
factual elements, give rise to the legality of the muses adopted. Performs a point against the
Law on Concessions and the Law of Consumer Protection, to the aspects of this specialty in
front of autotutela perpetrated by the concessionaire. We also emphasize the importance of
power and the right to minimum power factor for the existence worthy of the consumer. Also
considers whether there is a court weighing the principles of proportionality and
reasonableness. Furthermore, we conjecture that the disrespect of the adversarial principle and
legal defense, the licensee, in performing the cutting without any analysis of the case by the
judiciary. Examined whether the trial courts and the Superior Court of Justice in order to
demonstrate how you have been experiencing cutting off the supply of electricity to light the
constitutional principles of the contradictory and full defense.
