Eduardo Braga is responsible for tariff flags, decides Justice; device increased energy bill

Gabriel Abreu – Cenarium Magazine

MANAUS – The Regional Electoral Court of Amazonas (TRE-AM) denied on Monday, 17, a request from Senator Eduardo Braga (MDB) to remove from the air a “footage” of the campaign of Governor Wilson Lima (Union BR) in which Braga associates the increase in the energy bill of the Amazonians. The assistant advertising judge Luis Felipe Avelino Medina understood that the senator is responsible for the creation of the “accounting account of the electricity tariff flags”, which are charged with readjusting the service periodically to the final consumer.

On February 4, 2015, the then Minister of Mines and Energy Eduardo Braga signed Decree No. 8,401/2015, which changed the tariff flags – a mechanism that passes on to the consumer eventual increases in the costs of electricity generation. They are approved by the National Electric Energy Agency (Aneel), annually, when thermoelectric plants are activated due to water shortages. (See the decree signed by the senator below):

According to the judge Luiz Felipe Avelino, the text of the advertisement establishes a relationship between the increase in the price of electricity and the creation of the centralizing account of the tariff flags, whose institution took place, as stated in the complaint, by the representative “through Decree No. 8.401/2015” and that there is no controversy regarding the creation of the centralizing account of the tariff flags.

“It is noted that the Respondents [Wilson Lima’s campaign] disclose fact relating to administrative act practiced by Eduardo Braga when he occupied the post of Minister of Mines and Energy, in the year 2015. The discussion involves the act of the representative, while manager of the Ministry of Mines and Energy, which would have created an institute called centralizing account of the tariff flags”, said the magistrate in the decision.

The senator Eduardo Braga’s lawyers pleaded an Urgent Injunction (for the removal of the advertisement from the air) and a Right of Reply during the insertions of the governor Wilson Lima’s program on TV and Radio, but it was denied by the judge, who did not see the existence of probability of the alleged right, considering that it is not possible to classify, at least in summary cognition, as untrue the facts reported.

Read also: Justice denies Eduardo Braga appeal to block disclosure of five Pontual Institute polls

Content

In the “footage”, the electoral propaganda of governor Wilson Lima contemplates the following content: “Do you know why you pay one of the most expensive electricity bills in Brazil? Because Eduardo Braga, when he was Minister of Mines and Energy, signed the creation of the centralizing account of the tariff flags, which passes on to you the increases in the cost of energy. Lack of rain? You pay more. Had a drought? You pay more. Are the energy companies in debt? You pay more. Now, think about it: if your life got worse when he was minister, imagine how it will be if he becomes governor! Access now averdadesobreele.com.br”, advertisement posted.

See the decision in full: