OAB goes to the STF against measure of Haddad’s package – 01/31/2023 – Panel SA

The OAB (Order of Lawyers of Brazil) presented to the STF (Federal Supreme Court) this Tuesday (31) an ADI (Direct Action of Unconstitutionality) against one of the points of the economic package of Minister Fernando Haddad (Finance). The initiative aims to combat the resumption of the so-called casting vote in CARF (Administrative Council of Tax Appeals).

The onslaught of the OAB is yet another chapter in the battle of large companies against the casting vote in Carf, which has dragged on in recent weeks since the announcement of Haddad’s package. This is a fight that has already had consequences in court involving large companies such as Petrobras, Rumo, Marfrig and others.

The measure, which gives back to the government the tie-breaking vote in the litigation of large taxpayers with the Federal Revenue, goes into practice this week with the start of the trial sessions from this Wednesday (1st).

In the action, the OAB asks for a precautionary measure to immediately suspend the government’s provisional measure and keep the casting vote inactive.

“It is not up to the President of the Republic to legislate against the interests of the people declared by the National Congress whenever he understands that his interest at the time has been harmed, especially when he intends to assume a new agenda in the transitions of office. to the Chief Executive will no longer be exceptional and could have incalculable consequences”, says the OAB.

The end of the casting vote, which favors the taxpayer in the event of a tiebreaker, was instituted in April 2020 at the initiative of Congress.

The pressure began shortly after the announcement of Haddad’s package, when the group of businessmen Esfera Brasil, led by João Camargo, appealed to the presidents of the Chamber and Senate, Arthur Lira and Rodrigo Pacheco, to block the provisional measure in Congress.

The idea is shared by Abrasca (association of public companies), which defined as “mistaken” the attribution of the increase in collection to the return of the vote. The measure, says the entity, may increase the judicial conflict and generate the opposite effect to that expected by Haddad.

Joana Cunha with Paulo Ricardo Martins and Diego Felix

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