Chamber asks STF to reject state action against ICMS ceiling on fuels

The Chamber of Deputies sent this Friday (15) to the Federal Supreme Court (STF) a demonstration in which it asks the Court to reject a lawsuit filed by governors of 11 states and the Federal District against one of the laws that changed ICMS rules and limits rates.

The action questions Federal Complementary Law 194/2022, enacted in June, which classifies fuels, natural gas, electricity, communications and collective transport as essential goods and services, which prevents the establishment of rates above those established for operations in general. .

According to the legislative house, the rule does not establish a detailed reduction of taxes because it does not establish rates.

“Neither does it limit its effects to delimited subjects or spaces. It has wide application to the entire national territory and to all operations with fuels, electricity, natural gas, communications and public transport,” he said.

For the Chamber, the law itself did not establish ICMS rates for essential goods.

“It only prohibited these essential goods from being taxed more heavily than goods in general. It is up to each state, in this sense, to set the relevant rates, respecting, however, the essentiality of each good or service. There is no encroachment on the competence of the states or prejudice to the federative principle, insofar as the National Congress acted within the strict limits of its constitutional legislative competence,” he said.

On July 1, Minister Rosa Weber decided to take the action directly to the plenary, without a preliminary injunction. She requested information from President Jair Bolsonaro (PL), the Chamber of Deputies and the Federal Senate. Then, in successive periods of five days, the Attorney General’s Office (AGU) and the Attorney General’s Office (PGR) must manifest.

It was to discuss this action that the Minister of Economy, Paulo Guedes, had an appointment with the minister in early July.