Consolidation should decrease conflicts and swift decisions in the Judiciary Power

The Chamber is analyzing the Bill 4035/08, proposed by the Deputy Arnaldo Jardim (PPS-SP), which consolidates in a single rule the legislation of the electrical-power sector. The text will replace 162 existing rules, among laws, decrees, provisional measures, and articles, spread over another 16 laws and decrees addressing other themes than electrical power.

In addition to rules for the production, transmission and distribution of electrical power, the proposed consolidated legislation addresses quality standards and economic repercussions of the sector. Similarly, all legislation regarding the Brazilian Electricity Regulatory Agency (Aneel) and its role on the inspection and regulation on the sector was consolidated. Rules on the Brazilian power politics were left out, and rules that address the concession of public services, because they apply to several sectors.

Among the rules used in the work and that will be revoked if the consolidated legislation is approved, 23 ones will eventually be integral part of the 233 articles of the new law. The remaining ones, according to Jardim, are revoked in the practice or have already been assisted by other incorporated laws. The bill, from the Work Group on Law Consolidation, established in October 2007, does not change the content of the legislation; it only reviews and organizes the existing laws on the same subject.

Conflict of rules
According to Arnaldo Jardim, the work was made easy, because the set of rules currently ruling the electrical-power sector has a structure which follows the very logics of the sector’s operation. He affirmed, though, that, despite the consolidation not changing the laws themselves, their work was not neutral. In case of conflicts of rules, the adopted option was the agreement. For him, that solution should decrease the number of conflicts, thus speeding decisions of the Judiciary Power.
In order to elaborate the consolidation, Jardim heard bodies linked to the sector and received contributions from the Brazilian Association of Concessionaires of Electrical Power. That association presented to the Chamber a draft bill, which served as a basis for the work. “From that material, which was quite similar to what we were doing, but which had been already consolidated, we have made some adjustments and sought to contemplate the remaining suggestions we received”, said the deputy.

Report - Marcello Larcher
Editing - Marcos Rossi

Translation - Positive Idiomas Ltda