CIVIL LIABILITY OF ELECTRIC POWER CONCESSIONARIES IN THE IMPLEMENTATION OF THE LUZ para Todos PROGRAM: A JURISPRUDENTIAL ANALYSIS IN THE APPEAL COURSES OF THE COURT OF JUSTICE OF BAHIA

Abstract

This article aims to analyze the positive effects of the interference of the Judiciary in the execution of the National Program for Universal Access and Use of Electric Energy - "Light for all" and the application of civil liability of electricity concessionaires during its implementation. Due to the poor provision of essential public services, provided through concession by the Public Power, under the terms of Laws nº 9,074/95 and 8,987/95, residents of rural areas, who were harmed by failures in the execution of the program, sought judicial intervention to obtain compensation for the moral and material damages caused after years of waiting for network extension works to be carried out and attempts to resolve them extrajudicially. Nevertheless, ANEEL's regulations on deadlines, the excessive delay of companies in carrying out the works, which concern fundamental rights, justified the intervention of the Judiciary to impose the obligation to do, within a set deadline, that allows the execution of the work , as the electricity supply service is essential and must be provided in an adequate, efficient and continuous manner. The general objective of this article is to verify how judicial decisions have contributed to greater transparency and accountability on the part of concessionaires, forcing them to explain themselves to the judiciary about irregularities in the execution of the program, as this is inconceivable in the modern world , whether in urban or rural areas, the negative supply of electricity. In this sense, the expected results of this work are to demonstrate the relevance of the action of the Judiciary to guarantee the execution of the program and how the decisions favorable to rural people have guaranteed their social inclusion and compliance with the legal obligation of the concessionaires. in providing quality public service, regardless of consumers’ location.