Barroso offers help to mayors in tax foreclosures – 03/06/2024 – Panel SA

Leaders of the FNP (National Front of Mayors) claim that the president of the STF and the CNJ (National Council of Justice), minister Luís Roberto Barroso, was willing to find a way out to avoid losses in revenue and authority in the municipal administration with the end of tax foreclosures up to R$10 thousand.

As Panel SA reported, the entity met with Barroso this Tuesday (5) to show the problems caused by the resolution, unanimously approved by the CNJ.

Izaias Santana, mayor of Jacareí (SP), said that the FNP asked Barroso to extend the validity of the measure so that city halls can adapt, if the minister decides to keep it as it is.

The mayors also suggested changes, such as requiring a seizure request for tax foreclosures involving IPTU debts, for example.

At the meeting, Edinho Silva (PT), mayor of Araraquara (SP) and secretary general of the FNP, and Izaias Santana (PSDB), mayor of Jacareí (SP) and vice-president of legal affairs at the front, showed the risks of the measure .

“It is through penalties, unfortunately, that we manage to curb excess traffic and even dengue breeding sites. We can only face irregular dumping of garbage if we have penalty instruments. If this is not effective, we also understand that we have lost a management instrument”, said Edinho Silva.

For mayors, without these revenues, even the authority and effectiveness of the local police power are compromised.

According to the leaders, Barroso committed to helping them and avoiding loss of revenue. Furthermore, the president of the CNJ designated an interlocutor to receive new suggestions from the mayoral front.

The extinction of low-value and non-progress foreclosures was a requirement imposed by a Supreme Court judgment, which had carried out a study showing that low-value tax foreclosures raise less than 2% of what is collected. On the other hand, the protest of titles before legal collection raises more than 20%.

In the CNJ trial, which took place two weeks ago, Barroso said that this formula is cheaper than judicialization and, therefore, they decided to make it mandatory.

Today, tax foreclosures account for 34% of cases and generate congestion in the Judiciary due to the long processing time — six years and seven months.

Through his advice, Barroso states that the resolution only extinguishes tax foreclosures that have been stopped for more than a year, without any useful movement, in which no summons has even been made or the debtor’s assets have not been found.

“In addition, the resolution provides for the protest of the active debt certificate before the execution is filed”, states the minister. “Protest is much more efficient for collection than tax enforcement. There is no way the Judiciary can become faster and more efficient if judges have to focus on this volume of cases without any prospect of results”, said the minister in a note .

With Diego Felix

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