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Legal Update

Brazilian Supreme Court (“STF”) Rules PIS and COFINS on Financial Revenues is Not a Constitutional Matter

1 September 2016
Tauil & Chequer Legal Update

In a monocratic decision published on August 23, 2016, Minister Rosa Weber ruled that it is not the jurisdiction of the Brazilian Supreme Court (“STF”) to analyze the reinstatement of the levy of PIS and COFINS on financial revenues, which was established by Decree No. 8,426 /2015.

Although the ruling has no binding effect, the appeal is the first to be tried by a higher court and, consequently, may guide other decisions on this subject.

In parallel, on the same day, the Superior Court (“STJ”) began the trial of special appeal No. 1,586,950, whose object is to challenge the re-establishment of the rates of these contributions by a Decree.

The trial was interrupted by a request for the examination of the case records by Minister Gurgel de Faria.

Authors

  • Ivan Tauil
    Partner
    T + 55 21 2127 4213
  • Thais Bandeira de Mello Rodrigues
    T +55 21 2127 4236
  • Diana Castro
    Associate
    T +55 21 2127 4252

Related People

  • Guido Vinci
    T +55 21 2127 4230
  • Ana Luiza Martins
    T +55 11 2504 4626
  • Celso Grisi
    T +55 11 2504 4671
  • Carolina M. Bottino
    T +55 21 2127 4217

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