Minister Cármen Lúcia, of the Federal Supreme Court (STF), ordered President Jair Bolsonaro (PL) and President of Congress, Rodrigo Pacheco (PSD-MG), to manifest themselves in a lawsuit presented by the Legislative Assembly of Rio de Janeiro (Alerj) which calls for a reduction of the state’s debt to compensate for losses in the collection of the Tax on the Circulation of Goods and Services (ICMS) on fuel, communication, energy and collective transport services, as a result of changes in tax legislation.
“I determine that information be requested, with urgency and priority, from the President of the Republic and the President of the National Congress, to be provided within a maximum and non-extendable period of five days. Subsequently, a visit to the Attorney General’s Office [AGU] and the Attorney General’s Office [PGR]successively, for manifestation, in the form of the current legislation, within the maximum and priority period of three days each”, he said.
According to Alerj, the purpose of the action is to try to avoid losses in the state’s tax collection and the commitment to the provision of public services.
Complementary Law 194/2022, enacted in June, amends previous legislation, such as the National Tax Code (Law 5,172/1966) and the Kandir Law (Complementary Law 87/1996 to consider essential goods and services related to fuels, electricity , communications and public transport.
The state legislature maintains, in the action, that the new law came into force two days after the approval, by the STF, of the agreement signed between RJ and the Union on the payment of the Rio de Janeiro public debt and the state’s entry into the Fiscal Recovery Regime. .
However, according to Alerj, the agreement did not foresee the revenue losses that would arise two days later, with the edition of LC 194/2022. Therefore, it asks the STF to guarantee that ICMS revenue losses on essential sectors are deducted from the installments due.
Source: CNN Brasil
