The Senate’s approval of Supplementary Bill (PLP 11) changing ICMS on fuel dismayed governors, who viewed the proposal’s final text as an invasion of the powers of the federal entities. According to members of the State Finance Ministers Committee (Comsefaz), they are already planning to file a lawsuit with the Federal Supreme Court (STF), claiming the unconstitutionality of the constitution.
The interlocutor said that they were waiting to vote on the House of Representatives proposal to be held on Thursday evening (10). The federal government is in a hurry to pass the bill to force governors to cut ICMS and reduce the effects of price fluctuations on consumers.
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According to Komivas, the Constitution authorizes Congress to tax a single stage, on the spot, and to establish a single rate for ICMS, stipulated in the bill. However, states’ determination to change their tax collection system, adopting a fixed price per liter of fuel (REM declaration) rather than a percentage of the amount charged at the pump (by value) is unconstitutional.
In addition, Komfraz considers an amendment passed by the project rapporteur, Senator Jean-Paul Prates (PT-RN), to be unconstitutional, extending ICMS’ freeze on diesel until December 31, 2022, considering the average price of the last 60 days. The procedure takes revenue from the states.
By decision of the National Fiscal Policy Council (Confaz), ICMS has been frozen on diesel and gasoline since November 2021. The calculation formula takes into account the average amount collected in the second half of October. The freeze is expected to expire on March 31.
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