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STF determines effective actions by ANP and Cade on fuels

States and DF sue STF against law that limits ICMS collection

The Minister of the Federal Supreme Court (STF) André Mendonça gave a period of 30 days for the National Petroleum Agency (ANP) to implement effective actions to protect the interests of fuel consumers.

In the same decision, the minister also ordered the Administrative Council for Economic Defense (Cade) to present a schedule to determine the regularity of Petrobras’ performance in the formation of fuel prices.

The decision was motivated by an action filed by the federal government to suspend a resolution of the National Council for Finance Policy (Confaz) that deals with the collection of ICMS. THE injunction was granted in June, but the constitutional action remains ongoing.

When determining the measures, the minister said that “doubts still hang over the effective compliance” by Petrobras with constitutional and legal rules. According to Mendonça, it is necessary for the bodies to take measures involving the state-owned company’s price policy.

“The non-exercise of the duties attributed to public bodies and agents imposes, in the Brazilian legal system, serious repercussions, of a legal nature, to which all those who are in the exercise of the public mission must be aware. adopt the measures determined above in order to bring transparency about Petrobras’ pricing policy and the regularity of this policy in light of current legislation”, decided Mendonça.

ICMS on Fuels

Earlier, in another lawsuit involving fuel prices, Minister Gilmar Mendes determined that the federal government should compensate for the revenue losses in Acre, Minas Gerais and Rio Grande do Norte by limiting the collection of the Tax on the Circulation of Goods and Services (ICMS).

According to the decision, starting this month, the compensation should be made through the reduction of public debt values ​​of the states with the Union.

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