Energisa ordered to pay R$5,000 for power surge damaging MP's elevator in Porto Velho
The Judiciary of Rondônia has upheld a R$5,000 fine against Energisa, a power utility company, for damages caused to an elevator at the Public Prosecutor's Office of Rondônia (MPRO) in Porto Velho. The fine represents the insurance deductible paid by the MPRO to repair the elevator's control boards, which were damaged by a power fluctuation on August 22, 2024. The case, initiated in 2025, was confirmed by the 2nd Special Chamber of the Court of Justice of Rondônia (TJ-RO). Energisa had argued that the power fluctuation was unrelated to the elevator's malfunction and suggested the damage might stem from internal building wiring issues. However, the court rejected these arguments, citing Energisa's objective liability for its services, meaning the company is responsible for damages to consumers regardless of fault. The court also increased the attorney's fees to 12% of the compensation amount. Energisa has stated that the legal process is ongoing, that the decision is subject to appeal, and that they intend to file one, while respecting the judiciary's stance.
This ruling reinforces the principle of objective liability for utility providers in Brazil, holding Energisa accountable for damages stemming from service disruptions. The legal framework mandates compensation for consumer harm, irrespective of demonstrable negligence, shifting the burden of proof and risk onto the service provider. While Energisa intends to appeal, the judiciary's emphasis on objective liability suggests a consistent application of consumer protection laws. This case highlights the importance of robust infrastructure and reliable energy supply, particularly for public institutions, and underscores the financial and reputational risks associated with service failures in an increasingly regulated environment.
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