Governors ask the STF for further discussions on ICMS on essential services

Ministers Luís Roberto Barroso, Gilmar Mendes and Cármen Lúcia received, on Tuesday night (7), governors of seven states for a hearing on direct actions of unconstitutionality (ADIs) that deal with the partial exemption of ICMS on essential services. The actions were filed last year after the enactment of complementary laws 192 and 194 that established a ceiling for the collection of taxes on products and services such as fuel, communications and electricity.

The governors asked the government to resume discussions on exemptions with the allegation that the states had a billionaire loss without debate with local governments — especially in the taxation of fuels.

At the end of last year, a commission created by Gilmar Mendes even approved an agreement on the recomposition of part of the revenue of the states in diesel, natural gas and LPG (cooking gas). However, gasoline and compensation for losses were left out and should have new terms discussed in working groups this first semester.

However, the governors rushed and took the discussion to President Lula in a meeting held at the end of January. The debate advanced and reached the Ministry of Finance also this Tuesday (7), in which a period of up to four years was agreed to compensate for the losses, according to the governor of Espírito Santo, Renato Casagrande (PSB).

“The federal government wants to carry out the recomposition and asked that it be carried out within this term of office, in the next four years, and will discuss an average between what we think is the loss, of up to R$ 45 billion, and the ordinance made in the Jair Bolsonaro (PL) government, which pointed to R$ 13 billion in recovery”, he said.

Resumption of debates on DIFAL

Another topic discussed during the meeting with the ministers of the STF was the judgment of actions on the collection of DIFAL, the difference in ICMS rates charged from one state to another from the final consumer. The analysis is scheduled for April 12, when ministers will decide whether this mechanism is valid from 2022 or from 2023.

In addition to Casagrande, governors Rafael Fonteles (PT-PI), Wilson Lima (União Brasil-AM), Ronaldo Caiado (União Brasil-GO), Carlos Brandão (PSB-MA), Eduardo Leite (PSDB-RS) also participated in the meeting. ), Tarcísio de Freitas (Republicans-SP) and Wanderlei Barbosa (Republicans-TO).