Breve análise de legalidade do corte de serviços públicos essenciais em virtude de inadimplência

Abstract

The present research analyzes relevant aspects involving the legality of the cut of essential public services due to delinquency. The discussion involves matters of public order and social interest, reaching the aspects of legality because it is the interruption of essential public services, fundamental to the maintenance of survival. With the intention of discussing the topic, the research seeks to analyze the contractual modalities with emphasis on the legal regime of the concession, to demonstrate the historical evolution and the effectiveness of fundamental rights, and finally, to evaluate the position of the Superior Court of Justice on the possibility of interrupt or not the provision of the essential service in the event of default, and bibliographic research based on legal doctrines, provisions of law and jurisprudence is used for the reasoning. Finally, it is concluded that it is possible to discontinue the provision of essential public services in specific cases, provided that it is the previously notified consumer. However, the majority position is that the provision of the service should not be interrupted based on the legal position of the user of the service provided under a concession regime, which falls as the final recipient of the service. Therefore, law enforcement should consider the devices that protect users, which justifies the good use of the CDC for an additional protection granted by public law, adopting the criterion of the dialogue of the sources in cases in which legislation is omitted public