DA PROBLEMÁTICA DA JUDICIALIZAÇÃO DO RISCO HIDROLÓGICO - THE PROBLEM OF THE JUDICIALISATION OF HYDROLOGICAL RISK

The hydrological risks, greatly increased in the last years by some drought periods, influenced many judicial decisions that caused default in the MCP, which became paralyzed due to the difficulty of compliance with the CCEE contracts. The problem is established to the extent that the generators, affected by periods of drought, and without institutional guarantees, seek the intervention of the Judiciary Power, which, in many cases, intervenes, granting injunctions, previously suspending the obligation to comply with the energy supply contract. As a result of such decisions, the contracts entered into are not complied with and the purchasers are surprised, not receiving what was agreed upon, and, in turn, they also seek judicial protection in order to minimize their losses. In this context, the present work arises, bringing some of the structuring of the sector, which synthesizes why any intervention of a third party in the relation unbalances the contractual arrangement and the intervening agencies. It brings the PL in progress which seeks, belatedly, a solution to the situation of unbridled judicialization, but which appears not to be the definitive solution, by not guaranteeing the generators more stability and security in the face of the risks that will endure with the moments of less water precipitation, as well as the purchasers. The study points out that the commotion may continue.