The Federal Court in Brasília decided to maintain the fine of R$95.8 million applied by the National Electric Energy Agency (Aneel) against Enel, an electricity concessionaire that operates in São Paulo. The fine was imposed for power supply failures in 2021. 
The decision was confirmed by the Attorney General’s Office (AGU), which represented Aneel in court and defended the maintenance of the penalty applied by the regulatory agency.
After receiving the sanction, Enel appealed to the Judiciary and claimed that the punishment was disproportionate and did not observe due legal process. Furthermore, the concessionaire stated that the failures were caused by weather events.
When analyzing the case, judge Renato Coelho Borelli understood that there was no irregularity in the process of applying the fine. The order was signed on Tuesday (3) and released today by the AGU.
“Collegiate decisions were motivated by objective criteria for monitoring the electricity distribution service, based on applicable legislation and regulatory indicators, without any external influence or purpose outside the agency’s sanctioning function”, stated the magistrate.
Commenting on the decision, the Union’s attorney general, Jorge Messias, said that the body will continue to act in the defense of consumers.
“The quality of public service is non-negotiable. AGU will remain firm in defending consumers and demanding compliance with regulatory standards”, he stated.
The recurring blackouts in São Paulo are analyzed by an AGU working group. In January this year, President Luiz Inácio Lula da Silva ordered the body to evaluate the measures adopted by Enel.
