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Provisions
3 Months Ended
Mar. 31, 2024
Disclosure Provisions Abstract  
Provisions

 

19Provisions

 

(a)Lawsuits and proceedings that resulted in provisions

 

(I)Statement of financial position details

 

The Company is a party to several legal claims and administrative proceedings arising from the normal course of business, including civil, tax, labor, and environmental matters. Management recognizes provisions consistently with the recognition and measurement criteria established in Note 3.16 to the Annual Financial Statements as of December 31, 2023. The terms and payment amounts are defined based on the outcome of these lawsuits.

 

 

March 31, 2024

 

December 31, 2023

 

 

Provisions

Escrow deposits

Provisions net of deposits

 

Provisions

Escrow deposits

Provisions net of deposits

Customer claims (i) 169,058 (6,003) 163,055   175,255 (6,060) 169,195
Supplier claims (ii) 338,580 (93,833) 244,747   334,273 (90,973) 243,300
Other civil claims (iii) 140,447 (1,301) 139,146   128,036 (1,229) 126,807
Tax claims (iv) 114,215 (18,577) 95,638   101,770 (18,223) 83,547
Labor claims (v) 723,968 (14,077) 709,891   727,133 (16,235) 710,898
Environmental claims (vi)

510,781

(57)

510,724

 

492,740

(55)

492,685

Total

1,997,049

(133,848)

1,863,201

 

1,959,207

(132,775)

1,826,432

               
Current 1,085,976 - 1,085,976   1,064,367 - 1,064,367
Noncurrent 911,073 (133,848) 777,225   894,840 (132,775) 762,065

 

(II)Changes

 

           
 

December

31,

2023

Additional provisions

Interest and inflation adjustment

Use of the accrual

Amounts not used

(reversal)

March

31,

2024

Customer claims (i) 175,255 965 5,043 (12,189) (16) 169,058
Supplier claims (ii) 334,273 2,027 8,957 (2,741) (3,936) 338,580
Other civil claims (iii) 128,036 23,512 5,480 (15,564) (1,017) 140,447
Tax claims (iv) 101,770 11,967 4,805 (101) (4,226) 114,215
Labor claims (v) 727,133 18,517 13,098 (16,498) (18,282) 723,968
Environmental claims (vi)

492,740

10,667

21,650

-

(14,276)

510,781

Subtotal 1,959,207 67,655 59,033 (47,093) (41,753) 1,997,049
Escrow deposits

(132,775)

(1,899)

(2,580)

1,816

1,590

(133,848)

Total

1,826,432

65,756

56,453

(45,277)

(40,163)

1,863,201

 

 

December 31,

2022

Additional provisions

Interest and inflation adjustment

Use of the accrual

Amounts not used

(reversal)

March 31,

2023

Customer claims (i) 151,023 1,918 3,790 (21,540) (1,158) 134,033
Supplier claims (ii) 257,080 1,992 5,552 (1,042) - 263,582
Other civil claims (iii) 99,462 5,701 7,154 (3,478) (3,793) 105,046
Tax claims (iv) 79,532 11,039 1,658 (7) (455) 91,767
Labor claims (v) 654,277 9,894 13,486 (5,799) (14,450) 657,408
Environmental claims (vi)

406,872

22,400

18,655

-

(14,117)

433,810

Subtotal 1,648,246 52,944 50,295 (31,866) (33,973) 1,685,646
Escrow deposits

(37,462)

(271)

(696)

533

1,461

(36,435)

Total

1,610,784

52,673

49,599

(31,333)

(32,512)

1,649,211

 

(b)Lawsuits deemed as contingent liabilities

 

The Company is a party to lawsuits and administrative proceedings relating to environmental, tax, civil, and labor claims, which are assessed as contingent liabilities in the financial statements, since it either does not expect outflows to be required or the amount of the obligations cannot be reliably measured. Contingent liabilities, net of deposits, are represented as follows:

 

   
 

March 31, 2024

December 31, 2023

Customer claims (i) 161,784 158,584
Supplier claims (ii) 1,005,785 968,752
Other civil claims (iii) 644,852 695,097
Tax claims (iv) 1,156,487 1,067,350
Labor claims (v) 3,332,929 3,093,735
Environmental claims (vi)

4,316,366

4,158,504

Total

10,618,203

10,142,022

 

 

(c)Explanation of the nature of main classes of lawsuits

 

(i)Customer claims

 

Refer mainly to lawsuits from customers claiming that their tariffs should be equal to those of other consumer categories, lawsuits for reduction of sewage tariff due to system losses, consequently requiring the refund of amounts charged by the Company, and lawsuits for reduction of tariff for being eligible to the Social Welfare Entity category.

 

(ii)Supplier claims

 

Include lawsuits filed by some suppliers alleging underpayment of inflation adjustments and economic and financial imbalance of the agreements, and are in progress at different courts.

 

(iii)Other civil claims

Refer mainly to indemnities for property damage, pain and suffering, and loss of profits allegedly caused to third parties, such as vehicle accidents, claims, and challenges on the methodology to collect tariffs, among others, filed at different court levels.

 

(iv)  Tax claims

 

Tax claims refer mainly to tax collections and fines in general challenged due to disagreements regarding notification or differences in the interpretation of legislation by the Company's Management.

 

(v) Labor claims

 

The Company is a party to several labor lawsuits, involving issues such as overtime, shift schedule, health hazard premium and hazardous duty premium, prior notice, change of function, salary equalization, service outsourcing, and others, which are at various court levels.

 

(vi)  Environmental claims

 

These refer to several administrative proceedings and lawsuits filed by government entities, including Companhia Ambiental do Estado de São Paulo (CETESB) and the Public Prosecution Office of the São Paulo State, which aim at certain obligations to do and not to do, with the provision of fines for non-compliance and imposition of compensation for environmental damages allegedly caused by the Company.

 

The main objects in which the Company is involved are: a) blame SABESP for discharging or releasing sewage without proper treatment; b) invest in the water and sewage treatment system of the municipality, under penalty of paying a fine; c) pay compensation for environmental damages; amongst others.

 

(d)Guarantee insurance

 

As of May 24, 2023, the Company executed an agreement effective for one year for the issue of policies under several types of guarantee insurance. The limit that can be used is R$ 600 million. The guarantee insurance for escrow deposit is used in legal claims, where instead of immediately disbursing cash, the Company uses the guarantee provided by the insurance until the end of these proceedings, limited to up to five years. As of March 31, 2024, R$ 199.7 million was available for use.