Os reflexos do sistema de bandeiras tarifárias em face do consumidor e concessionárias de energia elétrica

Abstract

The tariff flag system was officially introduced in January 2015, in order to signal the need for the use of the thermoelectric generation system. If the conditions are unfavorable, due to the scarcity of rains, the tariff flags are activated at the yellow or red levels. If the conditions are favorable and there is no need to start the thermoelectric plants, the tariff will remain at the green plateau, without charging any additional cost in the electricity tariff. It is the function of the National Electric Energy Agency (ANEEL) to define monthly the color of the tariff flag that will be in force throughout the National Interconnected System (SIN). However, what is observed is that there is strong collection bias with the establishment of this surcharge, because instead of the consumer to undergo only a tariff readjustment or revision per year, the customer starts to experience variations in their electricity tariff monthly. In addition, it can be seen that the increase resulting from the tariff flags is influenced by the taxes inherent to electric energy, which increases the tariff effectively, leading to an increase in the tax burden without legal basis. There is a possible violation of the micro system of consumer rights with the establishment of this system, due to the infringement of the consumer's right to information, as it is surprised by the monthly variation of the tariff flag, which is reported only in the previous month. It is also a breach of the principle of transparency, since the information guiding the definition of the applicable flag is technical data that is inaccessible to most consumers. There is also a possible violation of competition law through the arbitrary increase in the profits of the distributors and the establishment of a cross subsidy between them. Therefore, due to these factors, it is aimed, through this work, to evaluate the effects of tariffs in tariff processes of electric energy distributors and their consequences for consumers, as well as to suggest changes in the establishment of rules in force.