Gilmar Mendes summons union and states for agreement on ICMS

The Minister of the Federal Supreme Court (STF) Gilmar Mendes convened a meeting with states and the Union to try to reach an agreement on ICMS taxation.

In the order within the Claim for Noncompliance with Fundamental Precept 984, he schedules a meeting for the next Tuesday (28) at 9 am.

“Considering the search for a conciliatory compromise expressed by the Member States and collected, personally and informally, the agreement of the submission to the self-compositional interest with several authorities of the Executive Power of the Union, I designate a conciliation/mediation hearing, in which the representatives of all federated entities, to be chaired by me and/or by the assistant judge Diego Viegas Veras on June 28, 2022, at 9 am, virtually, through the Zoom platform”, he says.

He also says that “the parties must appear armed with proposals that involve the federative pact discussed in these records, previously authorized by the technical-administrative sectors, if necessary”.

The order took place within the action proposed by Conpeg (National Council of Attorneys General of the states and the Federal District), which questioned, among other points, the competence of Minister André Mendonça to decide on criteria of essentiality in fuel taxation.

Mendonça granted an injunction on June 17 to suspend the effectiveness of the ICMS 16/2022 agreement of the National Council for Finance Policy (Confaz) and decided that the ICMS fuel rates must be uniform throughout the national territory.

And in the assessment of Conpeg through this injunction, he invaded the competence of Gilmar, who was already debating the essentiality of ICMS on fuels in another action.

“We hope that under the guidance of Minister Gilmar, who has already been responsible for similar successful cases, we will be able to reach a successful conclusion and a solution that meets the interests of everyone involved,” said the statement. CNN Rodrigo Maia, president of Conpeg.