Reflections about the interruption of public service supply in the face of consumer protection as a fundamental right

Abstract

The present study aims to analyze the systematics about the interruption of the public service in view of the rules provided for in Law 8.078/1990 and the constitutional principles. It is intended to point out, in this work, from a methodological approach with a deductive approach, that the interruption of the public service due to consumer default is unconstitutional. Thus, this research aspires to exclude the possibility of interruption of the essential public service due to default, based on the systematics of the consumerist law as a principled basis and in accordance with the dignity of the human person. To arrive at this result, it was necessary to advance in the studies of the constitutionalization of the Consumer Protection Code, as well as to understand its legal nature, and all sorts of principles that protect the consumer against the discretion of the supplier, a legal entity governed by public law.