SA Panel: States want to discuss ICMS solution with Lula in power

With Lula’s victory, the states that appealed to the Federal Supreme Court against the reduction of ICMS on fuels and essential services will ask Minister Gilmar Mendes, this Thursday (3), to extend the special commission created to try to find a way out of the impasse. .

In the electoral campaign, former President Lula condemned the proposal by Jair Bolsonaro (PL) to unify and reduce the ICMS rates charged by the states. The measure, approved by Congress, has become one of the president’s main campaign propaganda slogans in his quest for reelection.

Minister Gilmar Mendes is the rapporteur of the direct action of unconstitutionality filed in June and determined the creation of the commission, with representatives of the states, Congress and the Union.

At the moment, the members disagree with the three proposals under discussion. One of them links the rate to the variation of oil in the international market.

Another idea is the creation of a fund, with resources from oil royalties, to stabilize fuel prices in high periods.

There is also a suggestion to redistribute royalties to states and municipalities to the extent of the loss caused by the ICMS reduction.

Faced with the impasse, Mendes summoned experts who unanimously attested that Bolsonaro’s proposal, which was approved by Congress, is unconstitutional.

According to interlocutors of the ministers of the STF, the opinion – which has the force of judicial expertise – signals that the plenary of the Supreme Court may bar the measure, if there is no consensus in the commission.

In the opinion of advisers to the Supreme Court ministers, a decision like this would increase the government’s pressure against the STF.

With Bolsonaro’s defeat at the polls and Lula’s election, new perspectives were opened for an outcome, which would take place next year.

Julio Wiziack (interim) with Paulo Ricardo Martins and Diego Felix