Lewandowski maintains decree that forces posts to display tributes

Minister Ricardo Lewandowski, of the Federal Supreme Court (STF), filed, without judgment on the merits, a lawsuit that questioned a decree that obliges gas stations to inform the estimated values ​​of taxes on goods and services offered through a panel posted in visible location.

According to the minister, Decree 10.634/2021, of the Presidency of the Republic, is a rule of a regulatory nature and, therefore, must be the object of analysis of legality, not constitutionality.

“The questioned provision is of a regulatory nature, since it establishes the specific form of disclosure of information related to taxes levied on the resale of automotive fuels. In this way, rules of a regulatory or secondary nature, if they go beyond what the regulated law determines, must be the object of analysis of legality, not constitutionality”, he said.

The minister analyzed a lawsuit filed by the National Confederation of Commerce in Goods, Services and Tourism (CNC) which alleged that, according to the Fiscal Transparency Law (Law 12,741/2012), this information must be included in the tax documents issued on sales to the consumer and which can be displayed on a panel posted at the establishment.

The minister explained that the questioned rule regulates the disclosure of information related to taxes levied on the resale of automotive fuels, according to the limits established, among other rules, by the Consumer Protection Code.

“Furthermore, in the case of the case, there is no talk of extrapolation of the power conferred on the Executive to regulate provisions of federal laws, as such attribution is provided for in the Federal Constitution”, said the minister.