The Minister of the Federal Supreme Court (STF) André Mendonça suspended today (13) part of the resolution of the National Council for Finance Policy (Confaz) that deals with the collection of the Tax on the Circulation of Goods and Services (ICMS) on diesel.
Mendonça responded to the request made by President Jair Bolsonaro, who, through the Attorney General’s Office (AGU), says that the measure is unconstitutional because it allows the differentiation of diesel rates between states, harming the consumer with excessive increases in fuel. .
“I grant the injunction sought, ad referendum of the Plenary of this Supreme Court, to suspend the effectiveness of the fourth and fifth clauses, as well as Annex II, of the ICMS Agreement nº 16/2022, of Confaz”, decided the minister.
In the preliminary decision, the minister asked for the manifestation of the Chamber of Deputies, the Senate and the Attorney General of the Republic (PGR) to decide the issue definitively, in the plenary of the Court.
In the decision, Mendonça said that the preliminary analysis of the case reveals that the rules defined by Confaz are unconstitutional.
“It seems to me that the violation of the constitutional provisions invoked is patent, highlighting the manifest affront to the principle of uniformity by the establishment of the so-called equalization factor, provided for in clause four of the agreement”, he said.