Mendonça votes to overturn law that prohibited cutting off water and electricity for delays of less than 60 days in TO

Supreme Court Justice André Mendonça voted on Friday the 16th to overturn a law in Tocantins that prohibited cutting off water and electricity supplies for late payments of less than 60 days. He accepted a lawsuit filed by the Brazilian Association of State Sanitation Companies against the 2019 law.

The trial will take place in the Court's virtual plenary and will end next Friday the 23rd.

Electricity, the rapporteur stressed, is a matter of administrative and legislative jurisdiction of the federal government, which would make the Tocantins law unconstitutional. In the case of water, he continued, the STF understands that the predominant interest is local — that is, of the municipalities.

“We are therefore faced with a state law that expressly regulated issues related to the supply of electricity and water – matters that, as seen, are the responsibility of the Union and municipalities, respectively,” he wrote.

The Legislative Assembly of Tocantins defended the validity of the law before the Supreme Federal Court, arguing that case law allows for the constitutionality of a local rule that deals with matters related to consumer rights, “including issues related to essential services provided to the population.” The state government also defended the rejection of the action.

The Attorney General's Office and the Attorney General's Office, on the other hand, recommended accepting the request from the sanitation companies association.