Sabesp will have to compensate condominiums on the coast of SP after a lack of water at the end of the year
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Sabesp is ordered to pay compensation to a condominium in Santos.
Sabesp is ordered to pay compensation to a condominium in Santos.
Disclosure/Sabesp and Francisco Arrais/PMS
The Santos Court determined that the São Paulo State Basic Sanitation Company (Sabesp) compensates R$ 9,221.44 to Condomínio Conjunto Jardim Europa, in Santos, on the coast of São Paulo, for failures in the water supply. The decision of the city's 4th Civil Court is still subject to appeal.
According to the lawsuit, the condominium faced prolonged water supply interruptions between the end of December 2025 and the beginning of January 2026, leaving 244 residential units without supply.
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In the sentence, judge Frederico dos Santos Messias highlighted that the service is governed by the Consumer Protection Code and that the concessionaire is responsible for failures in the provision of an essential service.
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According to the records, the judge rejected the allegation of force majeure presented by Sabesp, based on the prolonged drought and increased demand during the summer season.
“The increase in consumption resulting from the high season in coastal cities and periodic droughts are predictable and cyclical events, integrating the risk inherent to the commercial and profitable activities of the sanitation concessionaire”, stated Messias, in the decision.
The justification for a failure in the supply of electricity was also discarded, under the understanding that operational regularity is part of the structure of the service provided.
For the judge, the relationship between the interruption in supply and the condominium's extra expenses was proven. “The defendant failed to continue its provision and imposed on the consumer the burden of seeking urgent alternatives in the private market at prices significantly higher than the public tariff”, he stated, in the ruling.
Damage
According to the decision, the condominium needed to hire water trucks to guarantee minimum hygiene and habitability conditions for residents during the period of shortages, which occurred during the end-of-year festivities.
g1 sought out the condominium to comment on the decision, but did not receive a response until the publication of this report.
In a statement, Sabesp informed that it does not comment on court decisions.
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