Panel SA: Haddad says the situation at Carf is a shame, while companies go to court

The Minister of Finance, Fernando Haddad, said this Tuesday (31) that no one approached him to criticize the measure of his tax package that returns to the government the tie-breaking vote in the dispute with the Federal Revenue in CARF (Administrative Council of Tax Appeals). But in recent days, a great battle has been brewing over the issue of justice.

It is a subject that involves billions to be judged this week and has mobilized tax experts from large companies.

Petrobras, Rumo, Santander, Ambev, Marfrig, Santher, Telefônica, Transpetro, Yolanda, Parker Hannifin and Furnas are among the companies that have already gone to court. They try to avoid, with injunctions, that their cases are judged while Congress does not decide on the provisional measure that ended the tiebreaker in favor of companies, instituted in 2020.

There is an expectation among the business community that parliamentarians will overturn the change, maintaining the advantage for the taxpayer in cases of a tie.

The attack against the measure in Haddad’s package has the support of the OAB (Ordem dos Advogados do Brasil), which presented to the STF (Federal Supreme Court) this Tuesday (31) an ADI (Direct Action of Unconstitutionality). In the action, the OAB asks for a precautionary measure to immediately suspend the government’s provisional measure and keep the casting vote inactive, as the device that gives the tiebreaker to the government is called.

Marfrig and an individual taxpayer obtained a favorable injunction.

In statements made on Tuesday, the minister countered the companies’ criticism. “I would also like to judge my own cases, as all companies are doing today,” he said. Haddad also said he found the situation shameful. “There is no country in the world with this administrative dispute resolution system.”

The first signs of pressure came shortly after the minister announced his fiscal package on January 12th. Days later, the group of businessmen Esfera Brasil, led by João Camargo, appealed to the presidents of the Chamber and of the Senate, Arthur Lira and Rodrigo Pacheco, to block the provisional measure in Congress.

Abrasca (association of publicly traded companies) also criticized the measure, predicting that judicial conflicts would increase, generating an effect contrary to that expected by Haddad.

Joana Cunha with Paulo Ricardo Martins and Diego Felix