Supervision of Neoenergia Elektro (illustrative image) — Photo: Neoenergia Elektro
A 54-year-old businessman was arrested after an inspection identified signs of fraud in energy meters in a commercial building in Itanhaém, on the coast of São Paulo. According to the Civil Police, magnets were found in the equipment that caused the meters to register lower consumption than the real one. The estimated loss by Neoenergia Elektro exceeds R$ 750 thousand.
The man was released on Thursday (10), after a custody hearing. The Court understood that, at this early stage of the investigation, there are still doubts about his authorship or responsibility for the damage identified.
The inspection took place in the Gaivota neighborhood. According to the police report, the site had already undergone an inspection that showed signs of irregularities in the energy meters.
In a statement, lawyer Mikaela Naktsu, who represents the businessman, stated that the property recently went through an inventory process and that five owners are listed in the deed. According to the defense, the property of the building, in itself, does not allow attributing criminal responsibility to a single person (see in full below).
Inspection and suspicion of fraud
During the inspection, according to police records, magnets were found in around half of the meters, in addition to broken seals on the equipment boxes.
According to the Civil Police, the magnets interfered with the functioning of the clocks and caused lower energy consumption than actual to be recorded.
An Elektro representative informed the police that, after analysis by the Anti-Fraud Sector, the estimated loss reached R$754,000.
According to the concessionaire, the amount of energy that would have stopped being registered would be enough to supply 3,690 homes for a month. The company stated that the establishments were monitored and that irregular connections were detected on Wednesday (9).
The police report records that the businessman was unable to explain the violations found in the system and was charged with embezzlement and theft.
Provisional freedom
At the custody hearing, held on Thursday, the court granted provisional release to the businessman. Judge Priscila Domenice Suarez understood that the necessary requirements to keep him in preventive detention were not present.
According to the judge, there was no violence or resistance to arrest and, at this initial stage of the case, there are still doubts about the authorship or, at least, about the responsibility for the damage mentioned.
What does the defense say?
Lawyer Mikaela Naktsu highlighted that the facts are still being investigated and that "any early conclusion regarding possible criminal liability would be premature." Check out the full position below:
The defense explains that the establishment recently went through an inventory process, with five owners listed on the property deed. Therefore, ownership of the property cannot be confused, in itself, with the attribution of possible criminal liability to a single person.
Regarding release, the decision given by the judge on duty, during the custody hearing before the Guarantee Court, expressly stated grounds related to the absence of sufficient elements regarding the authorship, which is why it was not necessary to maintain the prison, and precautionary measures were imposed.
It is also important to clarify that the person being investigated was not arrested in the act nor taken to the police station by the police officer. He attended the police unit on his own, after being informed by a police investigator that it would be necessary for a representative of the property to attend to monitor the incident.
The person under investigation remained free, sitting and waiting on the premises of the police station during the incident, without being detained. Only at the end of the procedures, after remaining in that place spontaneously and awaiting clarification, was he informed that he would be arrested.
In fact, the police officer who had personal contact with him will be able to confirm that there was no coercive conduct or arrest carried out by that police officer at the time of his appearance at the police station.
The defense emphasizes, therefore, that the facts are still in the investigation phase and that any early conclusion regarding possible criminal liability would be premature, especially given the grounds set out in the court decision.
Electro
In a statement, Elektro said that the identification of irregularities occurs through various tools and processes. The distributor uses systems that analyze consumption patterns, comparing energy use histories and identifying atypical behaviors.
In addition, field inspections and complaints received through service channels also assist in this work. The total value was estimated according to the amount of energy recovered. The establishment's meters were collected and sealed and will undergo technical expertise.
Asked whether the company can recover the amounts, Elektro said that the concessionaire adopts the measures provided for in the electricity sector regulations.
"The supply can be suspended until the situation is regularized, procedures are carried out to recover unbilled energy and the customer is advised on the necessary steps to regularize the connection safely and within current regulations", he said.
Elektro pointed out that the population can report illegal electricity connections, anonymously and safely. The service channels are: Call Center: 0800 701 01 02; WhatsApp: (19) 2122-1696 and website: www.neoenergia.com/web/sp.
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