The Minister of the FST accepts the Federal Attorney General’s argument that the Congressional text does not demonstrate the financial impact of the measure, a constitutional requirement
Brasilia, 04/25/2024 – The minister Cristiano ZaninFrom Federal Supreme Court (STF)responded to the request of government and suspended sections of the law that extended the payroll tax relief of municipalities and production sectors until 2027. He is rapporteur on the case. The measure is provisional and will be brought to the virtual referendum in plenary starting from Friday 26th.
The document was deposited yesterday and signed by President Lula himself, as well as by the Minister of the Attorney General of the Union (AGU), Jorge Messias. The government said the law, enacted late last year, did not demonstrate the financial impact of the measure, as required by the Constitution.
The minister accepted the AGU’s argument and considered that, without indicating the impact on the budget, there could be “a significant imbalance in public finances and a hollowing out of the constitutionalized tax regime”.
“In line with what has been decided several times by this STF, I note that this necessary compatibility of the laws with the new tax regime derives from a legislative option. It is not up to the STF to express a judgment of convenience and opportunity on the content of the regulatory act, but only to act in his role as judicial reviewthat is, verify whether the enacted law is compatible with the Federal Constitution,” Zanin states in the decision.
In the action, the government asked Zanin, appointed to the Court by President Luiz Inácio Lula da Silva (PT), to be rapporteur in the trial. This is because it already reports another document, presented by Novo, which challenges the provisional measure (MP) of the government which established the burden.
Appeals that come before the Court are normally disposed of, unless other cases dealing with the same topic are already being heard. In these cases the process is distributed for “prevention” to the minister who is already rapporteur for similar actions.
Source: Terra
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