Post by xyz3000 on Feb 12, 2024 0:22:39 GMT -8
Prolagos, a water and sewage concessionaire, no longer needs to serve the entire city of Cabo Frio (RJ). Minister Edson Vidigal, president of the Superior Court of Justice, overturned the decision of the Rio de Janeiro Court that forced the company to supply water to 100% of the population of Cabo Frio, with water trucks or through the piped network. Edson Vidigal considered that the requirement, in addition to being costly, is not foreseen in the contract. From what was demonstrated in the records, Minister Vidigal foresaw irreversible risks to public health and the economy sufficient to justify the suspension of the injunction. For him, the measure could directly affect the setting of tariffs, under penalty of shortages and degradation of the environment in the Lagos region, whose municipalities have their economic activities focused on tourism.
The injunction had been granted in the Public Civil Action filed by the Public Ministry of Rio de Janeiro. The MP argues that the company failed to comply with the concession contract in which it was obliged to provide “adequate, efficient and continuous” service to the residents of Cabo Frio. The injunction was confirmed in part by the 4th Civil Chamber of the Rio de Janeiro Court of Justice, to restrict Estonia Email List the decision “to the supply of water via water tanker only to urban areas not covered by the piped water supply network, with the exception of cases of interruption in the regular local network, when Prolagos will be obliged to provide alternative supply via water trucks”. The obligation must be fulfilled within 72 hours of the request, under penalty of a fine. Prolagos then submitted a request for the STJ to suspend the injunction.
He claimed that there was a risk of harm to the economy and public health, as the execution of the court order could result in the irreversible disruption of the economic-financial balance of the concession contract and, therefore, compromise or definitively paralyze the company's activities. Contract Prolagos claimed that it is meeting the service and expansion targets for its services in Cabo Frio and that it would not be contractually obliged to extend these services to 100% of the population, not even in 2023, when it must serve, under the terms of the contract, 90% of the urban population. He argued that the planned form of supply is via a piped network, which makes the requirement that the entire population be supplied by water tankers a violation of the concession contract, and could result in the end of the dealership itself.
The injunction had been granted in the Public Civil Action filed by the Public Ministry of Rio de Janeiro. The MP argues that the company failed to comply with the concession contract in which it was obliged to provide “adequate, efficient and continuous” service to the residents of Cabo Frio. The injunction was confirmed in part by the 4th Civil Chamber of the Rio de Janeiro Court of Justice, to restrict Estonia Email List the decision “to the supply of water via water tanker only to urban areas not covered by the piped water supply network, with the exception of cases of interruption in the regular local network, when Prolagos will be obliged to provide alternative supply via water trucks”. The obligation must be fulfilled within 72 hours of the request, under penalty of a fine. Prolagos then submitted a request for the STJ to suspend the injunction.
He claimed that there was a risk of harm to the economy and public health, as the execution of the court order could result in the irreversible disruption of the economic-financial balance of the concession contract and, therefore, compromise or definitively paralyze the company's activities. Contract Prolagos claimed that it is meeting the service and expansion targets for its services in Cabo Frio and that it would not be contractually obliged to extend these services to 100% of the population, not even in 2023, when it must serve, under the terms of the contract, 90% of the urban population. He argued that the planned form of supply is via a piped network, which makes the requirement that the entire population be supplied by water tankers a violation of the concession contract, and could result in the end of the dealership itself.