The Attorney General’s Office (AGU) asked the Federal Supreme Court (STF) for a period of 30 days to express its opinion on the states’ proposals to reach an agreement on the collection of the Tax on the Circulation of Goods and Services (ICMS) levied about fuels.
“Considering the impacts of the aforementioned proposal, as well as the existence of legal rules recently approved by the National Congress, which have already been implemented in some federative entities, the Attorney General of the Union postulates the granting of a period of 30 (thirty) days to manifest in these records”, said the AGU.
On Tuesday, states and the Union participated in a conciliation hearing convened by Minister Gilmar Mendes, of the STF, to seek an agreement on the ICMS issue.
The first proposal is that the ICMS calculation base on diesel is based on the average of the last 60 months.
The states also propose not linking the modal rate with the issue of essentiality, so that the shares of the Fund to Combat Poverty are not reduced.
They also ask that ICMS rates on fuel supply operations at a level higher than that charged on operations in general be applied only from 2024, as the STF decided in the judgment in relation to electricity and telecommunications services.
The states also request the withdrawal of the inclusion of the Tariff for the Use of the Electric Power Transmission System (TUST) and the Tariff for the Use of the Electric Power Distribution System (TUSD) in the ICMS calculation basis until the process that discusses the matter is finalized in the Superior Court of Justice (STJ).
Minister Gilmar Mendes, at the opening of the hearing, clarified that “our Federation is formed by the inseparable union of all Federative Entities and we are here to discuss its bases for continuity”.
According to the minister, there is discussion about the best way to reduce fuel prices worldwide.
“In a previous action that debated the financial compensation owed by the Union to the States due to the exemption of exports provided for in the Kandir Law), in which a formidable agreement with the same parties present was possible”, he said.
Source: CNN Brasil
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