THE PRINCIPLE OF CONTINUITY OF PUBLIC SERVICE AND INTERRUPTION OF WATER SUPPLY FOR LACK OF PAYMENT

Autor: Bertoncini, Mateus Eduardo Siqueira, MARCUS VENÍCIO CAVASSIN
Rok vydání: 2015
DOI: 10.6084/m9.figshare.1296291.v1
Popis: This article analyzes the principle of continuity of essential public services provided for in art.22 of the Code of Consumer Protection, revealing whether it is absolute or admits exceptionsor exclusions of the provider's liability provided for in specific legislation governing theconcessions and sanitation and also to what extent the water interruption could result inviolation of constitutional principle of human dignity. The object of the research is focused onthe analysis of favorable and unfavorable aspects to supply interruption caused by nonpaymentand the repercussions of this theme in doctrine and jurisprudence of the SuperiorCourt of Justice over the recent years concerning the arguments generally used. It will alsopresent empirical data relating to practical cases where a service provider failed to stop the water supply of delinquent users, with the consequent analysis and the legal conclusionsderiving from this study, with the goal of demonstrating situations in wich the water cutsupply interruption can be accepted in order to preserve the interests of the collectivity.
Databáze: OpenAIRE