Enel, a major energy company operating in São Paulo, has submitted a formal request to the National Electric Energy Agency (Aneel) to exclude the anticipated blackout in December 2025 from the legal proceedings currently in place against it. This request follows a legal opinion by jurist Marçal Justen Filho, who argues that the blackout should not factor into the ongoing 'caducidade' process initiated by Aneel, which could result in the company losing its operating concession sooner than expected. Justen Filho emphasizes a legal disconnect between the blackouts anticipated in 2024, which triggered the process, and those occurring in 2025.

The implications of this legal maneuver are significant for both Enel and the energy sector in the São Paulo metropolitan region. If Aneel accepts Enel's argument, it may mitigate the immediate risks associated with their concession, however, it could also prompt additional scrutiny regarding their ability to deliver consistent energy services. The legal opinion suggests that for the 2025 blackout to be included in any evaluative process, a separate investigation would have to be conducted. This indicates that Enel is attempting to safeguard its operations against potential penalties linked to future service failures.

As the situation develops, the focus will shift to how Aneel responds to Enel's plea. Any decision made could set a precedent for how future blackouts are addressed in legal contexts, influencing regulatory practices that govern energy providers in Brazil. It may also reflect the ongoing challenges that concessionaires face in balancing operational continuity with regulatory compliance, especially in a region as populous and economically vital as São Paulo.