Temporary taxation with a rate of 9.2% was presented as a counterpart to the partial reencumbrance of fuels
O liberal party (PL) filed a Direct Action of Unconstitutionality (Adin) this Wednesday, 8, so that the Supremo Tribunal Federal (STF) suspend the collection of tax on the export of crude oil, provided for in the Provisional Measure announced by the minister fernando haddad (PT) on February 28. The new taxation, with a rate of 9.2%, was presented as a counterpoint to the partial reencumbrance of fuels. In the direct action, the legend of Valdemar Costa Neto (PL) claims that the institution of the tariff occurred in an “absolutely unconstitutional” way and represents the creation of a new source of revenue. “The Executive Branch, in order to compensate for the reduction in the aforementioned revenues, imposed the creation of a new source of revenue to fund them: the Export Tax – IE on crude oil, based on the rate of 9.2%”, says stretch the direct action. In the text, the PL also mentions that the Export Tax has “an exclusively collection purpose, distorting the constitutional purpose of the extrafiscal tax and in a maneuver to avoid, in a way prohibited by CRFB/88, the incidence of the constitutional principle of tax precedence”. “In simpler words: the government’s justification for the institution of the export tax is exclusively fiscal, collection-based, so that there is a very clear and unconstitutional use of a predominantly extra-fiscal expedient – with mitigation of the stony clause of tax precedence – for exclusively fiscal purposes” , complete.
As Jovem Pan showed, the reinstatement of Gasoline will be R$ 0.47 per liter, while that of ethanol will be R$ 0.02. Such as Petrobras announced a reduction in the average price of fuel for distributors, in practice, the increase announced by Haddad over a liter of gasoline will be R$ 0.34 and ethanol will suffer a drop in average value. If there were a full return of taxes, the increase in gasoline would be R$ 0.69 per liter, while ethanol, R$ 0.24. With that, the federal government also proposed taxing the export of crude oil, for the next four months, to increase revenue. The Liberal Party says, however, that the decision indirectly increases prices and the tax burden in the country. “In the future, Brazil will also import derivatives paying an increased amount precisely due to taxation at origin. It is evident that the importer of crude oil will in the future export to Brazil the derivatives plus the tax and the cascading effect that this will generate”, he concludes.
