Uma análise dos aspectos jurídicos da comercialização de energia elétrica no ambiente de contratação livre

Abstract

The present study aims to present to the reader the free market of energy. This economic electric power sector has been in development in the last few years, even though it lacks of groundwork and specific researches about it, specialy in law area. the brazilian electric sector, that was born inicially under the administration of many private foreign companys, sufferd a strong nacionalization from the 40's, to be reformulated as a brand new model of electric industries only in the end of 90's. This new model has as main feature the autonomization of commercialization activities, opening up space on creating a whole free contracting market. In such an ambient, it's possible for the consumer to choose his own supplier of energy, independently of the responsible company that provides distribution services. The action of commercialize electric energy power, even though it can be done freely between the contracting parties, commonly it's subbimited to a set of regulations fixed by the nacional agency of electric energy (ANEEL) and by the commercialization camera of electric energy (CCEE), both responsible to enable the operations of purchase and sale. As an example of one of these regulations, we have that the free contracting environment, though it represents an important saving factor to the consumers, it's legally restricted only for the larges consumers of energy, not being truly accessible to the regular domestic consumers. In this article it will be discussed the judiciary interventions under the sphere of free contracting environment, that ends up presenting harmful colateral effects, by virtue of particular dynamic of how the free market works. Regarding these decisions, we will treat about the prosecute of apportionment of default on the short term market, and the problem of compulsory membership of companys in judicial recovery on the CCEE. Lastly, it will be aborded the features of electric energy power, such as immateriality and non stockability, that makes the commercial contracts of electric energy have a particular nature of sales contract.