President Jair Bolsonaro sanctioned the bill that limits the application of ICMS (Tax on Circulation of Goods and Services) rates to fuel, natural gas, electricity, communications and public transport by up to 17%. The main expectation is regarding the reduction in the price of gasoline, ethanol and diesel.
For this reason, the Journal’s team mediamax went to the streets to consult the prices practiced at the gas stations in Campo Grande, with the objective of making a calculation projecting how significant the reduction would be from the moment the effects of the law reached the consumer — the National Congress is still evaluating vetoes applied by the president .
Currently, the ICMS on gasoline is 30% in Mato Grosso do Sul. At a gas station downtown, a liter of gasoline was R$6.59. O mediamax then he filled up R$ 10, which gave a total of 1.5 liters. The invoice shows that of the BRL 10, BRL 1.22 are federal taxes and BRL 3.06 are state taxes, in this case the ICMS.
With the 17% ICMS ceiling in effect, considering a simple account, the price of a liter would drop by R$0.85, going to R$5.74. That is, with the same R$ 10 it would be possible to supply just over 1.74 liters.
In the same establishment, alcohol was R$4.69 a liter. As the ICMS on ethanol is 20% in the state, the reduction would only be 3%. So, the mediamax supplied R$ 10 for 2.1 liters. The invoice showed that of these R$10, R$1.58 were federal taxes and R$3.00 were ICMS taxes. With the 17% ICMS ceiling in effect, in the simple account, the price of a liter would drop by R$ 0.14, going to R$ 4.55.
This Tuesday (28), Minister Gilmar Mendes, of the Federal Supreme Court (STF), meets with governors in a conciliation hearing with the Federal Government, on the ICMS issue, since the rise in taxes has increased considerably the price of fuels, especially diesel, impacting the life of the final consumer.
The minister asked the parties to attend the hearing with proposals that involve the federative pact discussed in the case file and, if necessary, previously authorized by the technical-administrative sectors. President Jair Bolsonaro asks states to reduce ICMS, as a way to contain the increase in fuel prices.
Action in the STF
The governor of the State of Mato Grosso do Sul, along with 10 other states, claim that the Federal Complementary Law 192/2022, which reduces and standardizes ICMS on fuels and lubricants across the country, seems more like a “charity”, but with third-party resources.
“This is true charity with someone else’s hat, a budgetary liberality to be suffered by the states, Federal District and municipalities, all surprised by the unilateral, authoritarian, drastic measure and with serious immediate effects for the weakened coffers of these entities”, say the entities. federative.
This allegation is included in the ADI (Direct Action of Unconstitutionality) filed by the governors with the STF (Federal Supreme Court), through Conpeg (National College of Attorneys General of the States and the Federal District). The objective is to overturn the law that takes away fiscal autonomy according to Conpeg.