Governors of 11 states presented, this Wednesday (22), an action in the Federal Supreme Court (STF) asking that the Court consider unconstitutional the law that changed the ICMS levy rules on fuels.
The aforementioned law was passed by Congress this year and sanctioned by President Jair Bolsonaro (PL), in an attempt to reduce the cost of fuel in the country.
The governors of Pernambuco, Maranhão, Paraíba, Piauí, Bahia, Mato Grosso do Sul, Sergipe, Rio Grande do Norte, Alagoas, Ceará and Rio Grande do Sul sign the action.
According to the governors, the law in question “seriously harmed the federative pact and the principle of the autonomy of subnational entities”.
They claim that the law was passed “without any study of the fiscal impact and without the demonstration that this new instrument will be effective, given that fuel prices are linked to the fate of international markets and the result of a dubious policy by Petrobras” .
“It is not difficult to understand that this measure is populist, electoral and ineffective, as the most significant components of the price – production, refining and import costs – continue to vary constantly and successively, due to the variation of the dollar and the price of a barrel on the market. internationally, even when domestic oil is produced and refined,” said the governors.
The action has not yet been distributed by the STF to a rapporteur. The governors ask that she be under the responsibility of minister Gilmar Mendes for prevention (that is, claiming that he already has similar cases under his rapporteur).
The legal impasse involving the collection of ICMS on fuel continues. This week, in another action that is under the report of Minister Gilmar Mendes, the governors of the 26 states and the Federal District asked the dean of the Court to suspend part of Minister André Mendonça’s decision on the reduction of tax rates.
For the governors, Mendonça would have contradicted a previous decision by Gilmar Mendes on the subject.
In May and June of this year, Mendonça led an attempt to conciliate the states, the Union and Congress in relation to the collection of ICMS on fuels. It didn’t work out. The Union did not accept the terms proposed by the states and, finally, Mendonça determined a fixed rate of tax on fuel for all states.
Source: CNN Brasil
