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BAIAN JUSTICE
Those affected by the water shortage in Salvador can have discounts on their bill
Concessionaire stated that it will appeal the decision
Published on October 22, 2024 at 8:13 pm

‘Not a drop in the tap’: Salvador neighborhoods record up to six days without water due to lack of supply Credit: Ana Lúcia Albuquerque/CORREIO
Consumers affected by the lack of water supply in Salvador should receive a discount on water consumption rates. By decision of the Bahian Court, the Collective Civil Action, filed by the Public Defender’s Office of the State of Bahia (DPE-BA) was judged partially in favor of the population of Salvador affected by the lack of water supply since 2016, worsened by the Covid-19 pandemic . A proportional discount on tariffs and additional supply by water tankers in the affected regions were determined. The decision can still be appealed.
According to the Basic Sanitation Regulatory Agency of the State of Bahia (Agersa), compensation must be paid to consumers within 60 days of the finding of responsibility. However, despite the decision in favor of consumers being handed down on September 10 of this year, an appeal is still possible and for this reason the deadline for reimbursement remains undetermined until the action becomes final. The period for discounts has not yet been fixed.
The Court recognized the damage caused to the population and issued a decision in favor of the DPE’s request. The legal process also provides for the payment of compensation for collective moral damages in the amount of R$ 100,000.00, with interest expected at 1% per month and monetary correction based on the National Consumer Price Index (INPC).
In a statement, Embasa stated that it will appeal the decision and that the lack of water occurred on a specific basis, for the execution of services. See the company’s positioning in full:
“Embasa informs that it will appeal the judicial decision issued by the 19th Consumer Relations Court of the District of Salvador. The interruptions in water supply between 2020 and 2021, the period mentioned in the action, were due to specific issues for the execution of predictive services, preventive and corrective measures, which are part of the operation of the supply systems. The company sought, in each situation, to resume normal supply as quickly as possible and offered alternative supply by water truck whenever possible.”
The legal process was proposed by public defenders Eliana Reis, coordinator of the Consumer Defense Center (Nudecon) and Mônica Soares, and accompanied by defender Nayana Gonçalves. In the decision, the Court cited “the reality reported by thousands of people: water shortages are frequent and can last for days at a time, interrupted by brief moments when the water resource is supplied”.
For Eliana Reis, currently the general framework of the drinking water supply service has shown progress in relation to the period mentioned in the legal action, but slowly and without fulfilling essential obligations as access to drinking water is still restricted.
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