A 4th Civil Court of João Pessoa (PB) determined, this Monday (12), the suspension of ICMS retroactive collection (Tax on Circulation of Goods and Provision of Services) for consumers using systems solar energy in Paraíba.
As reported by Canal Solar, the action was filed by the Public Ministry of Paraíba about TUSD billing (Distribution System Usage Tariff), corresponding to the period from 2017 to 2021, carried out istratively by the Energize.
A Court also ordered the suspension of charges and other invasive measures for debt collection, especially registration on a credit restriction or interruption of electricity service, until the judgment on the merits of the public civil action due to the charge considered by the Public Prosecutor's Office to be undue and abusive.
O Failure to comply with the decision will result in the imposition of a daily fine. Energisa can still appeal the decision.
On August 2nd, the Public Ministry of Paraíba had already issued a recommendation to the electricity distributor for it to immediately suspend the retroactive collection of ICMS on TUSD on the energy bills of all consumers who use solar energy in the State and to refrain from making new charges and denying the names of consumers who, eventually, fail to pay their bills abusive.
For the Justice body, the Energisa's conduct violates the CDC (Consumer Protection Code) and Normative Resolution 1000/2021 of ANEEL (National Electric Energy Agency), since, istratively, the distributor could only charge debts relating to the three cycles immediately preceding the invoice.
“Another irregularity committed by the defendant is the absence of a detailed and individualized calculation memory with information on the origin, calculation basis, rates and charges applied to the debt”, highlighted the Public Ministry, in a note.
In a note sent to the press, the Energisa informed that it has not yet been cited and that it will respond in accordance with the procedural process.
The distributor also highlighted that the charge refers to the value of ICMS, specifically, for customers who had distributed generation in the period from September 2017 to June 2021 and who represent 0,4% of total customers in Paraíba.
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