Duty to mitigate the loss. Cheapest cost avoider. Hand formula: Brazilian judicial use of foreign doctrine and jurisprudence. Legal positivism in a globalized world

Abstract

We analyze the case of tobacco growers who successfully file damages lawsuits against electric power companies, due to damages suffered by the interruption of the energy supply during the leaves drying process. The case is approached from legal institutes such as duty to mitigate the loss, the cheapest cost avoider, Hand formula, as well as through the idea of the charge of avoiding the damage itself. The objective is to demonstrate that smokers have the burden of avoiding predictable risks by installing generators with UPS systems, which are automatically triggered in the event of a lack of electricity. Since the cost of such a provision is much lower than the amount of damages, it is avoided that, due to the inevitable process of internalization of costs, such damages will be passed on to all consumers of electric energy.