Decree 13,097 opens the free market in 2027, and the contract weighs more than the discount

Ecom Energia, a trader with more than 20 years in the market, warns that small and medium-sized companies moving to the free market from 2027 should not choose a supplier on discount alone: price formation, contract terms and service also matter.

Decree No. 13,097, of 12 August 2026, opens the choice on 25 November 2027 for industry and commerce supplied below 2.3 kV, and on 25 November 2028 for everyone else. Each unit contracts a single retail agent, migration requires 90 days' notice and return to the regulated market is guaranteed with one year's notice.

These deadlines set the weight of the contract: a low price followed by a price adjustment cannot be fixed with a quick exit. The decree requires retailers and distributors to disclose risks, including supplier of last resort, and instructs ANEEL to regulate a standard product with a reference price.

The savings that count are the ones that hold for the whole contract term. Comparing duration, adjustment index and exit rules is what separates a discount from savings.