The Union alleged that, when granting the appeal
Mar 12, 2024 7:26:49 GMT 1
Post by account_disabled on Mar 12, 2024 7:26:49 GMT 1
Minister Maurício Corrêa (now deceased) misunderstood the elements of the case and considered the incidence of the tax on gold (financial asset), instead of judging the basis as bonds and securities. In the first trial session, the rapporteur, Minister Edson Fachin, concluded that there was a factual error in the questioned decision and voted to judge the Union's request as valid, determining a new trial on the merits. Minister Cármen Lúcia followed this understanding. In his turn to vote, Minister Alexandre de Moraes opened a partial dissent. According to him, the merits should be judged now to dismiss the appeal and reestablish the decision of the Federal Regional Court of the 1st Region that recognized the incidence of the IOF on bonds and securities.
When the trial resumed, this Wednesday, the session opened with the vote of Minister Luís Roberto Barroso, who followed the divergence to judge the request to overturn the monocratic decision as valid. On the merits, Barroso understood that it is the case to deny the appeal, since there is an IOF levy on operations with securities. Ministers Belgium Phone Number Data Nunes Marques, Dias Toffoli, Ricardo Lewandowski and Gilmar Mendes also followed the divergence. The rapporteur, Minister Fachin, Minister Cármen Lúcia, Minister Luiz Fux and the president of the STF, Minister Rosa Weber, were defeated.
Although he was defeated, Fachin remained with the rapporteurship because the elections are next Sunday (2/10) and Minister Alexandre presides over the Superior Electoral Court. birth of the tax obligation nor the consequent credit, given that its factual substance is placed outside the field of action of the taxing powers, due to constitutional imposition" [ two] . For Aliomar Baleeiro, immunities would be "a provision of the major law that prohibits the ordinary legislator from decreeing taxes on certain people, matters or facts, in short, situations that he defines. The law that challenges tax immunities will be unconstitutional.
When the trial resumed, this Wednesday, the session opened with the vote of Minister Luís Roberto Barroso, who followed the divergence to judge the request to overturn the monocratic decision as valid. On the merits, Barroso understood that it is the case to deny the appeal, since there is an IOF levy on operations with securities. Ministers Belgium Phone Number Data Nunes Marques, Dias Toffoli, Ricardo Lewandowski and Gilmar Mendes also followed the divergence. The rapporteur, Minister Fachin, Minister Cármen Lúcia, Minister Luiz Fux and the president of the STF, Minister Rosa Weber, were defeated.
Although he was defeated, Fachin remained with the rapporteurship because the elections are next Sunday (2/10) and Minister Alexandre presides over the Superior Electoral Court. birth of the tax obligation nor the consequent credit, given that its factual substance is placed outside the field of action of the taxing powers, due to constitutional imposition" [ two] . For Aliomar Baleeiro, immunities would be "a provision of the major law that prohibits the ordinary legislator from decreeing taxes on certain people, matters or facts, in short, situations that he defines. The law that challenges tax immunities will be unconstitutional.