Panel SA: Governors accept agreement to resolve fuel ICMS impasse

The governors agreed with the terms of an agreement closed at the Federal Supreme Court to resolve the crisis generated by the change in the collection of ICMS on fuel and essential services.

The information was confirmed privately by two finance secretaries. According to them, unanimously, all governors signed the document.

As Panel SA reported, the agreement provides that, if there is consensus, an agreement is made between states and the Federal District so that the collection of ICMS is uniform and single-phase on fuels. The deadline expires on December 31 of this year.

The settlement, however, does not apply to gasoline – which will be the subject of a separate negotiation.

The definition of the rate charged on diesel, natural gas and LPG will once again be the responsibility of federal entities, through Confaz (National Council for Finance Policy).

Eleven states appealed to the STF (Federal Supreme Court) questioning the constitutionality of the law that reduced and unified the tax rates by 17%. Before it was defined by the states.

A special commission was created by Minister Gilmar Mendes to try to find a solution before the case went to the plenary.

Mendes is the rapporteur for two of the most important ADIs (Direct Actions of Unconstitutionality).

According to the secretaries, the agreement now awaits the approval of the Minister of Economy, Paulo Guedes.

Possibly, it will be submitted to President Jair Bolsonaro.

If you veto, the pact loses validity. In this case, it is most likely that the Direct Actions of Unconstitutionality (ADIs) will be judged by the Supreme Court. The recommendation given by the experts summoned to give an opinion is that it is unconstitutional, supporting the states’ claim.

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