O impacto da teoria do desvio produtivo nas condenações em danos morais contra a ENEL: estudo de caso

Abstract

The theory of productive deviation emerged within consumer law in 2009 and seeks to broaden the understanding of moral damages, treating them as non-pecuniary damages, damages generated by the loss of useful time. The general objective of this study was to analyze the impact of the theory of productive deviation on moral damages awards against ENEL. The research met specific objectives: first, by analyzing the impact of judgments based on the theory of productive deviation within the appellate panels of the Court of Justice of Ceará (TJCE) between 2019 and 2025. This was followed by an investigation into which of these judgments favored moral damages awards. Finally, the study investigated the impact of the theory of productive deviation on moral damages awards against ENEL. Thus, considering that the vast majority of rulings that based their decisions on the theory of productive deviation also condemned ENEL for moral damages, it was concluded that there was a change in the perception of the judiciary, as situations in which moral damages were previously denied are now subject to immaterial compensation, such as in cases of undue charges, power outages and excessive invoices.