A Termo de Ocorrência e Inspeção (TOI) is the document through which an electricity distributor records indications of an irregular procedure at a consumer unit. The document alone does not establish the user’s responsibility or automatically make the calculated amount enforceable.
What does ANEEL Normative Resolution no. 1,000/2021 require?
Articles 590 to 595 of ANEEL Normative Resolution no. 1,000/2021 govern the characterization of irregularities and recovery of revenue. The distributor must assemble evidence, issue the TOI, arrange or allow metrological verification or expert examination when required, prepare the applicable technical assessment, review the consumption history and properly notify the consumer.
The recoverable period and amount must follow the successive regulatory criteria. The calculation should be reviewed together with the technical evidence, notices and actual opportunity to challenge the procedure.
TJRJ Precedent Statement 256
The Rio de Janeiro State Court states in Precedent Statement 256 that a TOI carries no presumption of legitimacy, even when signed by the user. A signature does not replace technical proof or prevent review of due-process safeguards and the other evidence.
STJ Repetitive Theme 699: when may supply be interrupted?
Under STJ Repetitive Theme 699, administrative interruption may be allowed only when meter fraud is attributed to the consumer, the assessment respected the right to be heard and to present a full defense, prior notice was given, and the unpaid debt concerns recovered consumption from the 90 days preceding discovery of the fraud.
The interruption must also occur within 90 days after the debt became due. Earlier amounts may be pursued through ordinary collection proceedings, but do not by themselves expand the interruption authorized by the holding.
STJ Repetitive Theme 1,436: still pending
When rechecked on November 1, 2026, STJ Repetitive Theme 1,436 remained pending, with no final holding. It concerns alleged diversion of electricity before the meter, including procedural safeguards, estimated recovery charges and possible administrative interruption.
The referral order stayed special appeals and interlocutory appeals seeking admission of special appeals filed in second-instance courts or pending before the STJ that fall within the defined controversy. It should not be described as an automatic stay of every first-instance case.
Referral and the appellate stay do not prejudge the dispute in favor of either consumers or distributors; they preserve the issue for future uniform treatment by the STJ.
Which records should be kept?
- the TOI and all attachments;
- reports, technical assessments and any expert-examination records;
- bills before and after the inspection;
- photographs and videos of the meter and consumer unit;
- notices, interruption warnings and calculation worksheets;
- service protocols and administrative complaints;
- property and account-holder records.
Conclusion
The validity of a charge depends on the procedure, the evidence, effective consumer participation and correct application of regulatory and judicial criteria. Charges, adverse credit reporting and supply interruption require an individualized review of the records.