Bruno Calfat Advogados represented the sanitation service concessionaire in a Repetitive Demand Resolution Incident (IRDR), adjudicated by the Private Law Section of the Rio de Janeiro Court of Justice, which established a significant precedent regarding the liability of new sanitation concessionaires in lawsuits originally filed against CEDAE.
In ruling on the incident, the Court held that the new concessionaires are not liable for any unlawful acts committed by CEDAE prior to the transfer of the system’s operation.
The leading opinion emphasized that “it cannot be disregarded that the current service provider should not be held accountable for past obligations strictly related to damages arising from unlawful acts committed by CEDAE before the transfer of the system’s operation, given its original investiture through public bidding, except in cases expressly provided for by contract.”
In this context, the judgment highlighted that the concessionaire’s original investiture through bidding excludes the attribution of liability for unlawful acts committed prior to assuming the service, thereby safeguarding legal certainty and the economic-financial balance of concession contracts. Previous obligations remain, as a rule, under CEDAE’s responsibility, except in specific situations contractually undertaken.
The precedent established by the Court aligns with the case law of the Superior Court of Justice on public service concessions and the absence of corporate succession, providing greater predictability in disputes involving the transition of basic sanitation services.