The theory of unpredictability applied to public policies for the supply of electricity during the COVID-19 pandemic

a case analysis

Abstract

ABSTRACT

This article deals with the supply of electricity during the COVID-19 pandemic, a context in which issues related to contractual aspects involving electricity concessionaires are addressed, with a focus on the performance of Companhia Energética do Rio Grande do Norte - COSERN. It reflects on the provision of public services in the context of public policies to mitigate the secondary adverse effects of the pandemic on low-income families. The difficulties in relation to the matter lie in the public calamity caused by the current pandemic, points treated by the doctrine in a theoretical way, requiring its practical application at this time. Thus, this study aims to demonstrate, based on bibliographic and documentary material, the feasibility of applying the theory of unpredictability as a solution to the public problem inserted in the national emergency scenario, with a view to guaranteeing the continuity of the supply of electricity, since it is essential service to the population. The methodology used consists of research of an applied nature, with a qualitative approach and descriptive objective, starting from the proposed case study. Therefore, the relevance of the theme is noted while this research seeks to demonstrate the understanding used by the Court of Justice of Rio Grande do Norte in the case in question, also presenting relevant jurisprudence of Brazilian state courts in the first half of 2020, beginning of the pandemic in the country, about the supply of electricity in this period of public calamity.