The judges of the 9th Chamber of Public Law of the Court of Justice of Rio de Janeiro decided to uphold the obligation of the concessionaire Prolagos to provide water free of charge by tanker trucks to the residents of Armação dos Búzios affected by the lack of supply. The decision was unanimous and denied the company's appeal.
One of the understandings highlighted in the ruling was that, even in situations of supply crisis, the customer cannot be charged for an improvised solution. In practice, the court determined that if water does not reach the taps, the company must guarantee emergency supply at no cost.
The case began after the Public Defender's Office reported that residents had been without water for several days since the end of December 2025. The utility company itself acknowledged the problem, citing difficulties such as pipe ruptures and the impact of intense heat on the system.
Given the situation, the court had already ordered that the water supply be normalized within 24 hours. If this was not possible, the company should provide water by tanker trucks free of charge. Prolagos appealed only against this point, attempting to charge for the volume of water delivered, even while maintaining the free transport.
The judges rejected the argument. According to the court, the water truck is not an extra service, but an emergency alternative to replace a service that has failed. Therefore, it makes no sense to pass this cost on to the consumer, who already pays regularly for water.
In the judges' assessment, allowing the charge would mean imposing a double charge on the resident: paying for a service that was not provided correctly and then for the solution created to correct the problem. The understanding was that this practice would be unfair.
The decision also highlighted that access to water is essential for the health and dignity of the population. Therefore, the risk of leaving residents without water was considered more serious than any potential financial loss for the company, which can be discussed later in other instances.
Another point emphasized is that the consumer is not receiving any additional benefit, but is merely gaining access, through another means, to the basic service that should be functioning normally.
What changes in practice for the consumer
With the decision upheld, Prolagos remains obligated to:
- Restore regular supply within 24 hours;
- To provide water by tanker trucks free of charge when there is a shortage;
- Prioritize hospitals, essential services, and people in vulnerable situations;
- Comply with the order, under penalty of a daily fine of R$ 50.
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