The National Committee of State and Federal District Finance Secretaries (Comsefaz) reported that it met, this Saturday (14), to discuss the injunction granted last Friday (13) by Minister André Mendonça, of the Federal Supreme Court ( STF), which accepted an action in which the federal government asks for the suspension of the way in which the states applied the single ICMS rate on diesel oil. The meeting was virtual and closed to the press.
In a note, the agency says that the state finance secretaries understand that the debate must be deepened, involving the attorneys general of the states and the Federal District, “in order to find the best solution, that is, the one that is in fact in agreement with the constitutional guidelines, respecting the autonomy of the States and contributing to the control of fuel prices, the greatest desire of the Brazilian population”.
A law passed by the National Congress and sanctioned by President Jair Bolsonaro (PL) in March defined that there should be a single rate of ICMS on diesel throughout Brazil.
The state finance secretaries, when regulating the measure, set a single ICMS value to be charged in the final price of fuel, as required by law, but allowed discounts, which in practice allowed each state to maintain the same rate that it applied previously. . The value established at the time was R$ 1.006 per liter of S10 diesel oil, the most used in the country.
“I understand it configured in view of the proximity of the new model, considering that the complexity and relevance of the issue justifies the urgency so that, from such a decision, an immediate start to the construction of an effective, perennial and consistent solution with the constitutional parameters that regulate the matter”, wrote the minister in the decision, celebrated by Bolsonaro during an event in Campos do Jordão (SP) yesterday. Bolsonaro said that he had the help of “daddy from heaven” so that the action could be judged by Mendonça, who was nominated by him for the Supreme Court.
Mendonça gave a period of five days for the Chamber, Senate and the National Council for Finance Policy (Confaz) to express their views on the subject. Then, the Attorney General’s Office (PGR) and the Attorney General’s Office (AGU) will have a similar deadline.
According to the action presented by the government to the Supreme, there is “persistence of the practice of asymmetric rates”, which, argues the AGU, “significantly burdens taxpayers, who are already heavily impacted by the drastic variation in fuel prices in the current situation”.
Source: CNN Brasil
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