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Provisions for Legal Claims and Contingent Liabilities
12 Months Ended
Dec. 31, 2023
Notes and other explanatory information [abstract]  
Provisions for Legal Claims and Contingent Liabilities

 

28.Provisions for Legal Claims and Contingent Liabilities

 

The Company is responsible for several legal and administrative proceedings before different courts. Based on assessments made by the Company's legal counsel, Management makes provisions for legal claims in which the losses are rated probable, when the criteria for recognition of provisioning described in Note 4.11 are met.

 

The Company's management believes it is impracticable to provide information regarding the timing of any cash outflows related to the lawsuits for which the Company is responsible on the date of preparation of the financial statements, in view of the unpredictability and dynamics of the Brazilian judicial, tax and regulatory systems, and that the final resolution depends on the conclusions of the lawsuits. For this reason, this information is not provided.

28.1Change in provision for legal claims

 

                   
Consolidated   Income        
    Provision Construction Monetary restatement  Additions       
  Balances as of  cost (Reversals)   Transfers/ Balances as of
  January 1, 2023 Additions Reversals Reversals to assets  Settlements Others (a) December 31, 2023
Tax                  
Cofins 123,564 - -  - 9,807  -  -  -  133,371
Others 78,186 15,739  (7,444)  - (2,452)  -  (15,955)  6,985  75,059
  201,750 15,739  (7,444)  - 7,355  -  (15,955)  6,985  208,430
Labors 536,464 103,947  (65,303)  - 43,877  (91)  (231,859) (396)  386,639
Employee benefits 30,126 12,234  (4,328)  -  -  - (516)  -  37,516
Civil                  
Civil and administrative claims 958,111 134,634  (19,782)  - 26,818 278  (119,067)  (26,325)  954,667
Easements 138,724 1,748 - (21,596)  -  1,133  (5,884)  -  114,125
Expropriations and property 154,912 6,856  (1,461) (4,349)  (535) (42,700) 41  -  112,764
Customers 3,750  319  (1,676)  -  -  - 51  -  2,444
Environmental 5,269 1,264  (1,412)  -  (389)  - (139)  -  4,593
   1,260,766 144,821  (24,331) (25,945) 25,894 (41,289)  (124,998)  (26,325) 1,188,593
Regulatory 8,493 83,708  (84,764)  -  589  - (288)  -  7,738
   2,037,599 360,449  (186,170) (25,945) 77,715 (41,380)  (373,616)  (19,736) 1,828,916
Current -                336,000
Noncurrent  2,037,599               1,492,916
(a) Reclassification mainly to Liabilities associated with assets classified as held for sale (Note 39).        

 

Consolidated   Income        
    Provision Construction Monetary restatement        
  Balances as of  cost Additions    Transfers/ Balances as of
  January 1, 2022 Additions Reversals Additions to assets  Settlements Others December 31, 2022
Tax                  
Cofins 110,059 15,109  (1,604) - - -  - -  123,564
Others 71,056 15,558 (820) - 8,147 -  (9,764)  (5,991)  78,186
  181,115 30,667  (2,424) - 8,147 -  (9,764)  (5,991)  201,750
Labors 569,756 86,895  (2,778) - 22,007 -  (139,416) -  536,464
Employee benefits 37,148 13,270  (19,672) - - - (620) -  30,126
Civil                  
Civil and administrative claims 433,437 545,243  (3,925) - 47,553 -  (67,055)  2,858  958,111
Easements 138,069 3,594 (90) (722) - 627  (2,754) -  138,724
Expropriations and property 125,028 2,195  (8,113) 4,305 -  36,924  (5,427) -  154,912
Customers 3,755 2,039 (630) -  74 -  (1,488) -  3,750
Environmental 5,902  419  (1,130) -  78 -  - -  5,269
  706,191 553,490  (13,888) 3,583 47,705  37,551  (76,724)  2,858 1,260,766
Regulatory 103,155 9,788  (84,111) -  (4,651) -  (15,688) -  8,493
   1,597,365 694,110  (122,873) 3,583 73,208  37,551  (242,212)  (3,133) 2,037,599

  

The Company made a voluntary change in the way it records the monetary restatement of provisions for legal claims. The amounts that were recorded as operating expenses are now recognized as financial expenses. In the consolidated income statements for the year 2023, the amount of R$77,715 (R$13,552 in the Parent Company) was recognized as a financial expense (Note 32). If this voluntary change in accounting practice had been applied in the year ended December 31, 2022, the value of the reclassification from operating expenses to financial expenses would be R$73,208 in the consolidated income statement for the year (R$2,916 in the Parent Company). Considering the quantitative and qualitative analyzes carried out by the Company, Management concluded that the effect of this voluntary change in the way of recording monetary restatement on provisions for legal claims is immaterial to the financial statements already published in previous years, considering that this change does not impacts the balance sheet, net income for the year, the Company's cash generation nor compliance with restrictive clauses in debt contracts (Covenants).

28.2Details of provisions for legal claims and contingent liabilities

 

The following table shows the details of the provisions for legal claims recorded and, in addition, the amounts of contingent liabilities, which are present obligations arising from past events, but without provisions recognized because it is not probable an outflow of resources that incorporate economic benefits to settle the obligation.

Schedule of details of provisions for legal claims and contingent liabilities          
    Provisions for legal claims Contingent liabilities
  Description 12.31.2023 12.31.2022 12.31.2023 12.31.2022
Tax          
Cofins Requirement of the Federal Revenue Service for the period from August 1995 to December 1996, due to the termination of a judicial decision that has recognized the Company's exemption from Cofins.  133,371  123,564 9,270 9,550
INSS Tax requirements related to the social security contribution. 32,053  30,899  118,254  56,790
Federal taxes Administrative requirements and questions from Receita Federal do Brasil (Federal Revenue Service). 2,328 2,100  40,755  53,682
ICMS (VAT) Administrative requirements and questions from the State regarding the payment of ICMS (VAT) on the Company's invoices. 5,630 4,035  26,986  24,930
IPTU Tax Requirement on Urban Territorial Property (IPTU) on properties affected by the public electricity service. 5,181 9,332  179,974  152,113
ISS City halls tax requirement as ISS on construction services provided by third parties.  221  181  58,085  56,731
Other Taxes, fees and other federal, state and municipal taxes in which the Company discusses the levy or not, as well as its bases and amounts for payment 29,646  31,639  84,808  149,518
     208,430  201,750  518,132  503,314
Labor Charging of overtime, hazardous work, transfer surcharge, equalization / salary adjustment, among others, by employees and former employees of Copel; collection of indemnity installments and others, by ex-employees of contractors and outsourced companies (subsidiary responsibility).  386,639  536,374  291,768  378,737
Employee benefits Labor claims filed by former retired employees against Fundação Copel, which will consequently cause repercussions for the Company and its wholly-owned subsidiaries, to the extent that additional contributions are required. 37,516  30,126  10,724  12,716
Regulatory          
ESBR ESBR filed Ordinary Lawsuit No. 10426-71.2013.4.01.4100 against ANEEL in the Federal Court of Rondônia, whose ruling: (i) acknowledged the exclusion of liability for the 535-day schedule overrun in the construction of the Jirau Hydropower Station; (ii) declares any obligations, penalties and costs imposed on ESBR as a result of the schedule overrun to be unenforceable, and (iii) annuls ANEEL Resolution 1,732/2013, which had recognized a schedule overrun of only 52 days. An appeal has been brought by ANEEL, pending judgment by the Federal Court of the 1st Region. The practical consequence of the ruling was, at the time it exempted ESBR, to expose the distributors with whom it entered into power trading contracts (CCEARs) to the Short-Term Market and to the high value of the Settlement Price of the Differences (Preço de Liquidação das Diferenças - PLD, in Portuguese) in the period, including Copel DIS. This occurred because the rules for the sale of electricity require that all energy consumed should have a corresponding contractual coverage. If the lawsuits are judged unfavorably against Copel, the amount will be classified as Sectorial Financial Asset to be recovered through tariff rates.  -  - 1,129,202 1,130,845
Colíder exclusion of liability Discussion on the value of the Tariff for use of the transmission system - TUST and monetary adjustment on energy values ​​referring to the exclusion of liability period. As a result of the court injunction that excluded the delay period for the Colíder HPP from being responsible for the delivery of energy contracted in the Regulated Contracting Environment ("ACR"), CCEE proceeded to credit, valued to PLD, the energy previously backed to comply with ACR contracts. However, in the event of failure in the lawsuit, the Company must return the amounts credited, updated by the IGPM. Further information on the lawsuit is presented in Note 7.2  -  -  307,285  320,044
Other Aneel's notifications about possible breaches of regulatory standards 7,738 8,493  45,498  45,718
    7,738 8,493 1,481,985 1,496,607
           
    Provisions for legal claims Contingent liabilities
  Description 12.31.2023 12.31.2022 12.31.2023 12.31.2022
Civil          
Tobacco growers Actions whose main cause is the lack of electricity causing loss of production. 57,475  73,366  42,373  71,237
Arbitration Arbitration process started in 2015, which originated from a dispute related to a term of commitment signed between the authors and Copel in December 2012, processed in secrecy at the Brazil-Canada Arbitration and Mediation Center. On January 25, 2024, an agreement was reached between the parties to close the case, as disclosed in Note 40.1.  672,000  629,056  -  338,779
Civil and administrative law Other actions involving billing, supposed irregular procedures, administrative contracts and contractual fines, indemnity for accidents with the electric power network and accident with vehicles.  118,210  154,550  349,602  549,115
Indemnification to third parties (civil) Actions for indemnity for resulting from damages caused during the construction of power plants. The execution of the sentence began without the previously determined accounting expertise. In the 1st degree, Copel challenged the execution and presented an insurance policy as a guarantee until a decision on the performance of an expert examination and excess of the value. As there was still no favorable position on the merits, the risk was reassessed with a change in the provisioned balance.  106,986  101,076  104,192  98,940
Easements Discussion between the amount determined by Copel for payment and the amount claimed by the property owner and/or when the owner's documentation supporting title to the property may not be registered (when probate proceedings are still in progress, properties have no registry number with the land registry, etc.), intervention in third-party adverse possession, either as a confronter, or in case of a property where there are areas of easement of passage, in order to preserve the limits and boundaries of expropriated areas.  114,125  138,841  24,551  31,063
Expropriations and property Discussion between the amount assessed by Copel for payment and the amount claimed by the owner, and / or when the owner's documentation does not present conditions for registration (inventories in progress, properties without registration, among others); actions for repossession of real estate owned by the concessionaire; intervention in the adverse possession of third parties, as a confrontant, in order to preserve the limits and confrontations of the expropriated areas.  112,764  154,943  22,225  38,030
Consumers Lawsuits seeking compensation for damages caused in household appliances, industrial and commercial machines, lawsuits claiming damages for pain and suffering caused by service interruption and lawsuits filed by industrial consumers, challenging the lawfulness of the increase in electricity prices while Plano Cruzado (anti-inflation economic plan) was in effect and claiming reimbursement for the amounts paid by the Company. 2,442 3,758 1,077 1,911
Environmental Public civil and class actions whose purpose is to obstruct the progress of environmental licensing for new projects or to recover permanent preservation areas located around the hydroelectric power plant dams unlawfully used by private individuals. If the outcome of the lawsuits is unfavorable to the Company, Management estimates only the cost to prepare new environmental studies and to recover the areas owned by Copel GeT. They also include the Commitment Agreements (Termos de Ajuste de Conduta - TAC, in Portuguese), which refer to the commitments agreed-upon and approved between the Company and the relevant bodies, for noncompliance with any condition provided for by the Installation and Operating Licenses. 4,591 5,266  226,833  216,380
    1,188,593 1,260,856  770,853 1,345,455
    1,828,916 2,037,599 3,073,462 3,736,829