The Federal Supreme Court (STF) formed this Friday (2) a majority of eight votes to validate the agreement in which the federal government undertakes to transfer R$ 26.9 billion, until 2026, to the states and the Federal District for losses in the collection of the Tax on Circulation of Goods and Services (ICMS) caused by the exemption of fuels in the government of Jair Bolsonaro. The Court analyzed, in a virtual session, an agreement approved by Minister Gilmar Mendes after rounds of negotiations between the Union and state representatives. The need for compensation was created after the approval, in June of last year, in Congress, of two complementary laws that exempted the ICMS levied on the sale of fuel, one of the main sources of revenue for the 27 federative units. The objective was to contain the increase in prices at the service stations. The legislation provided for compensation to the states and the DF, but then-president Jair Bolsonaro vetoed the device. After Congress overturned the veto, the case ended up being taken to the Supreme Court. Faced with the political and legal impasse, Minister Gilmar Mendes, one of the rapporteurs on the topic, created a special commission to promote a conciliation. Rules Now, the Supreme decides whether to ratify the new value for compensation, after the parties agree on the estimated loss of revenue. Of the R$ 26.9 billion agreed, R$ 4 billion must be paid by the Union later this year. The remainder is for 2025 and 2026. So far, states and the Federal District have already obtained preliminary injunctions (provisional decisions) from the Supreme Court to suspend approximately R$ 9 billion in installments of debts with the Union, in order to compensate for the loss with the exemption of fuels. The agreement approved today by a majority of the STF provides for rules so that the Union can also deduct this amount from the total still to be compensated, according to the situation of each state. According to the Treasury, some units of the federation were able to compensate even more than they would have received. There are states that haven’t achieved anything yet. Of those who still have a balance to be received, the rules provide that states with up to R$ 150 million in compensation will receive 50% in 2023 and 50% in 2024, with resources from the National Treasury. States with compensation between R$150 million and R$500 million will receive one third of the amount in 2023 and two thirds in 2024. States with more than R$500 million will receive 25% in 2023, 50% in 2024 and 25% in 2025.
Agência Brasil
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