Minister André Mendonça, of the Federal Supreme Court, called for a conciliation hearing between the federal government and state secretaries of Finance for Thursday (2), at 10 am, to discuss the possibility of an agreement regarding the collection of the VAT on diesel.
In an order published this Monday (30), Mendonça, who is the rapporteur of a lawsuit filed by the federal government against an agreement by Confaz (National Council for Finance Policy), determined that representatives of the Attorney General’s Office be summoned to appear in person, the Ministries of Economy and Mines and Energy, the National Agency of Petroleum, Natural Gas and Biofuels (ANP), Confaz, in addition to the State and Federal District Finance Secretaries and the State Attorneys General.
The minister also offered to the governors and the presidencies of the Chamber and Senate to send representatives.
“I note that the purpose of the hearing is eminently consensual, so it is highly recommended that, on the occasion, the manifestations have a propositional and resolutive character”, said the minister.
Mendonça also extended until Thursday (2) the deadline for states to provide all the information already demanded last week on the rates charged on fuel. According to the minister, “the generalized pattern of response was an ipsis litteris reproduction of questioning the information requested” by the Supreme Court.
“It turns out that it is relevant for the court to understand the research methodology carried out by the federated units, especially with regard to setting PMPF estimates [Preço médio ponderado a consumidor final] and final consumer price, which may include spot sales prices at different stages of the production chain, as well as covering federal taxes, freight, insurance and other expenses,” said the minister.
The federal government triggered the STF earlier this month against an act by Confaz that regulated the collection of ICMS on diesel. The agreement placed a maximum rate of R$ 1.006 on diesel, with the possibility for the states to establish the “equalization factor”, which is nothing more than a discount on top of this maximum value. In practice, the different rates charged in the states of the country would be maintained.
Chosen to report the action, Mendonça granted a preliminary injunction (provisional) made by the Federal Attorney General’s Office and decided to suspend the Confaz resolution, noting that “27 different ICMS rates will no longer be admitted, which represents uniformity and reduction of the value of fuel and less fluctuation in prices”.
Source: CNN Brasil
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