Excepcionalidade da suspensão do fornecimento de energia elétrica face ao princípio da dignidade da pessoa humana.

Abstract

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.