Panel SA: CNI asks to take action in the STF against Haddad’s package measure

The CNI (National Confederation of Industry) asked to enter as amicus curiae (interested in the cause) in the Direct Action of Unconstitutionality that the Federal Council of the Order of Lawyers of Brazil took to the Federal Supreme Court against the provisional measure of the new government that resumes the vote of quality at CARF (Administrative Council of Tax Appeals).

The return of the casting vote has been vigorously opposed by the business community because it returns the tie-breaking vote to the government in the litigation with the Federal Revenue over Carf.

CNI’s gesture to be admitted as amicus curiae (friends of the Court, when someone who is not a party to the action asks to participate and also manifests) draws attention because the entity had been discreet in the movements of the matter since last month, when the Minister Fernando Haddad announced the measure.

In recent weeks, the Esfera Brasil group, led by businessman João Camargo, and Abrasca (an association of public companies that brings together names such as Ambev, Americanas, Cosan, Marfrig and others) have been meeting with the Ministry of Finance to try to reach an agreement that would make the provisional measure more flexible and is in the final drafting phase. The idea is to reduce the fine and interest of taxpayers in the event of a tie.

In the event of an agreement, there would be no need for the Court to arbitrate the dispute, and the ADI (direct action of unconstitutionality) would lose its object, becoming extinct.

With the adjustment in the MP, there is the expectation that it will not be barred in Congress. This week, the mayor, Arthur Lira, spoke out on the subject and defended a compromise.

Joana Cunha with Paulo Ricardo Martins It is Diego Felix