Feb 11 • 17:26 UTC 🇧🇷 Brazil Folha (PT)

Justice upholds a fine of R$ 95.8 million imposed on Enel for problems in SP

The Federal Court upheld a R$ 95.8 million fine against Enel for electricity supply issues in São Paulo, rejecting the company's request for cancellation.

In a recent ruling, the Federal Court of Brazil affirmed a significant R$ 95.8 million penalty imposed on Enel, a major energy provider, for inadequate electricity services in São Paulo in 2021. The court, presided over by Judge Renato Coelho Borelli, concluded that the administrative process leading to the fine adhered strictly to legal principles including due process, the right to defense, and the transparency of proceedings. Additionally, the ruling emphasized that the fine was proportionate and justified based on robust technical and legal grounds.

Enel had sought to overturn the fine arguing it was 'disproportionate and illegal,' citing the penalty's substantial amount. However, the court found no evidence of improper motives or legal violations in the process, reinforcing the legitimacy of the regulatory actions taken by the National Electric Energy Agency (Aneel). This decision is pivotal not only for Enel but also sets a precedent regarding the accountability of utility companies in Brazil, affirming regulatory bodies' authority in ensuring quality service.

This case is particularly relevant as it comes amid ongoing discussions about energy supply reliability in Brazil and the responsibilities of utility providers. The upheld fine reflects a growing scrutiny of the energy sector and underscores the necessity for companies like Enel to adhere rigorously to service standards to avoid severe penalties. The ruling serves as a reminder of the importance of regulatory oversight in protecting consumer interests and ensuring fair practices in the energy industry.

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