This achievement was obtained in a declaratory action proposed by a consumer in the face of the Rio Grande Energy Energy Concessionaire S.A. - RGE. Such an action aimed at declaring the nullity of the bill of light and prevent the cutting of supply as a result of the default.

The action was partially assembled in the first degree to recognize the legality of the debt object of collection, away as only the administrative cost of 30% on the debt value.

With the transit in judgment, RGE, sponsored by Carpena Advogados professionals, entered compliance with a sentence against the consumer as part of the collection maintained by the partial statement. The strategy adopted was innovative, for even having figured out as a RGE, the RGE understood to have a judicial executive title against the author of the action.

The request for judgment was not accepted first and second degrees of jurisdiction, based on the understanding that, not having the sentence sentenced the consumer, the RGE did not have a judicial executive title in his favor.

However, the Superior Court of Justice has given a different way. According to the Superior Court, if the judgment recognized the legality of billing, although partly, it is worth as a judicial executive title in favor of the GER (special appeal nº 1.261.888 / RS).

The judgment was carried out under the repetitive resource scheme by STJ, gaining special force, that is, the same solution may be adopted in similar cases, enabling the defendants to execute their credits in the authors in which the authors seek non-existence debt.

Therefore, the open precedent offers a practical and undeniable solution for the solution to a large number of actions, prestige the procedural economy and speed.