Under threat of having the contract for the supply of electricity in São Paulo terminated, she argues that the accusations against her have been routinely supplemented with new facts, which undermines her right to defense.
According to what the Panel learned from people close to the company’s management, this was one of the justifications used to decide on the breach of the contract, next Tuesday (24).
The initial event that generated the expiry procedure, defended by the city hall of the capital and the government of São Paulo, is a cyclone that caused a blackout in October 2024, in the middle of the second round of the municipal campaign.
Since then, the company claims, new facts and climate events have been added, some occurring last year, for example. This would be an example of a pattern of conduct that undermines the right to defense and ignores facts presented, says Enel.
Other points cited by the concessionaire in the injunction request are the lack of objective analysis by Aneel of data presented about its performance and disrespect for formal deadlines in the process.
The fact that the company anticipated its vote for the expiration of the contract was also important, while the company’s arguments were still being presented.
Aneel does not have the power to declare the contract expired, but its opinion is taken into account and generally accepted by the Ministry of Mines and Energy, which has this prerogative.
In the request that generated the injunction, Enel did not ask for a specific period to be set for Aneel to analyze its arguments. The company’s expectation is that this will be part of the decision on the merits, which will still be judged.
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