Post by account_disabled on Mar 13, 2024 2:17:34 GMT -5
The demand for telecommunications services increased with the social isolation measures adopted by the State to contain the spread of the coronavirus. And this requires greater investments for maintenance and expansion of infrastructure.
Oi requested suspension of the injunction that prohibited cutting services during the crisis
Reproduction
With this understanding, the president of the Regional Court of the 3rd Region, federal judge Mairan Gonçalves Maia Júnior, suspended this Tuesday (14/4) an injunction that prohibited the cutting of telecommunications services during the state of public calamity.
The 12th Federal Civil Court of São Paulo prohibited regulatory agencies from cutting the supply of telecommunications, water and piped gas services due to non-payment. According to judge B2B Lead Natalia Luchini, water, gas and telephone supply services are essential. Therefore, their suspension could worsen the new coronavirus epidemic, making measures such as social distancing unfeasible.
Oi, which was not a party to the action, requested the suspension of the injunction, represented by Diogo Ciuffo , partner at Bichara Advogados. The company argued that, in this time of crisis, its services are being even more demanded. Therefore, it is necessary to have cash to keep them running.
Maia pointed out in the decision that the injunction did not take into account the consequences of non-payment — in particular, the continuity and efficiency of telephone services.
“As if the drop in revenue was not enough, the growing demand for telecommunications services closely related to the social isolation measures adopted to combat the Covid-19 pandemic (home office, distance learning, among others) must be taken into account, a fact that will require greater investments for maintenance and expansion of infrastructure”, assessed the federal judge.
He highlighted that the court's ban on telecommunications services also affects public coffers. This is because it implies lower collection by the State of taxes such as ICMS, PIS and Cofins. As a consequence, the public authorities would have less money to transfer to other essential services, such as health.
The obligation for companies to provide telephone services to any consumer also violates the principle of equality, highlighted the president of TRF-3. The reason for this is that the measure does not establish “any reasonable criteria for distinction regarding the financial and contributory capacity of users, creating a real incentive for default”.
“In effect, the pandemic cannot be used as a generic justification for non-compliance with legal obligations on a large scale, under penalty of generating an uncontrollable lack of control over economic activities in general. Finally, just because we are temporarily experiencing a period of pandemic does not mean that legal relationships and situations will be breached, seriously compromising the legal security sought in times of crisis, and, consequently, public order,” said the judge.