STF: OAB action against Haddad’s measure may be extinguished – 02/02/2023 – Panel SA

After meeting with Minister Fernando Haddad (Finance), this Wednesday (1st) in an attempt to reach an agreement to end the battle of large companies against the provisional measure that resumes the casting vote in CARF (Administrative Council of Tax Appeals), businessman João Camargo, from the Esfera group, decided to take a summary of the meeting to Minister Dias Toffoli, of the STF (Federal Supreme Court), and to the Attorney General of the Republic, Augusto Aras.

Toffoli is the rapporteur of the ADI (Direct Action of Unconstitutionality) that the OAB (Order of Lawyers of Brazil) presented to the STF (Federal Supreme Court) on Tuesday (31) on the subject. In the event of an agreement, there would be no need for the Court to arbitrate the dispute. ADI would lose the object, becoming extinct.

The businessman should also try to contact the presidents of the Chamber and of the Senate, Arthur Lira and Rodrigo Pacheco. Last month, Camargo appealed to the duo to bar the provisional measure in Congress that would return the tie-breaking vote to the government in the dispute between large taxpayers and the Federal Revenue at Carf. With the progress of the dialogue, business pressure should retreat, even with the maintenance of the casting vote, as Haddad wants.

In the proposal made by business representatives this Wednesday, the idea is that, in the event of a tie in Carf’s disputes, fines and interest will fall, which should mean about 30% of litigation. That is, if the company decides to pay, it would only be the principal, without penalty and interest. If you go to court, there would be interest, but without a fine. Thus, the alternative of avoiding the payment of interest would act as an incentive for the taxpayer not to take the situation to the Judiciary, where the solution could take many years.

The entrepreneurs’ suggestion of amendment to the provisional measure was delivered this Thursday (2).

The movement involves billionaire cases of large companies such as Petrobras, Rumo, Ambev, Marfrig, Santander and others, which launched a wave of requests for injunctions trying to prevent their cases from being judged this week, before the decision of Congress on the provisional measure.

Joana Cunha with Paulo Ricardo Martins and Diego Felix

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