Sistema S: decision generates risk of double payment – 07/20/2023 – Panel SA

National giants linked to the S System will have to pay a billionaire bill if the STJ (Superior Court of Justice) applies a decision regarding the calculation of contributions on the payroll to all actions that are being processed in lower courts. The measure would oblige companies to pay twice as much in contributions to the nine entities that make up this network.

To strengthen its defenses and improve dialogue with court ministers, the S system hired former STF ministers, such as Ayres Britto and Carlos Velloso, and former Minister of Justice José Eduardo Cardozo.

By law, Sesc, Sesi, Senai and Sebrae, among others, receive resources from companies linked to each category of the system.

The Union gives up these funds so that the entities carry out educational and professional training projects, health care, in addition to other social and cultural activities.

Today, there are divergences about the level of calculation of contributions in instances of common Justice. Some courts understand that the calculation basis is 20 times the minimum wage and others establish a fixed amount (1% of revenue).

However, given the volume of divergent sentences involving companies in all judicial districts in the country, the STJ decided to discuss what is called “national allocation”. Translating: apply a single understanding to all actions, a kind of general repercussion.

In a specific case, which can now be replicated, the court has already decided that the company involved would have to pay more.

The ongoing process is reported by Minister Regina Helena Costa, one of the candidates to occupy the next seat on the Federal Supreme Court.

At stake is an account that, it is estimated, would make companies retroactively pay the same amount already collected so far by the S system.

In one of the cases, of a metals company, the extra disbursement would be almost R$ 1 billion only in relation to the last five years.

With Diego Felix

PRESENT LINK: Did you like this text? Subscriber can release five free hits of any link per day. Just click the blue F below.