Post by nilima78 on May 19, 2024 1:20:25 GMT -5
The president of the Superior Court of Justice, Minister Ari Pargendler, kept the requirement for the Revenue seal for national and imported wines sold by companies affiliated to the Brazilian Association of Food and Beverage Exporters and Importers (Abba) suspended. According to the minister, there is no danger of harm to the public interest nor evidence of serious harm to public order and economy by not using the seals. The Security Suspension was presented by the Treasury against the decision of the Federal Regional Court of the 1st Region.
The Revenue Normative Instructions established the mandatory seal, under the justification of company control. The Brazilian Association of Food and Beverage Lithuania Email List Exporters and Importers (Abba) filed a Writ of Mandamus against the requirement. The first-degree federal court granted an injunction to suspend the mandatory seal, a decision that was suspended by the president of TRF-1. The sentence in the Writ of Mandamus then confirmed the injunction and declared the seal illegal. The Union filed a new appeal and the Special Court of the Regional Court upheld the decision in favor of Abba.
To the STJ, the Union claimed that the decision causes serious harm to order by interfering in the supervision and control of wine trade throughout the country. The Treasury also maintains that the decision causes a serious multiplier effect, encouraging other associations and making Revenue inspection more difficult. For the Treasury, maintaining the decision makes the company control mechanism and its obligations useless.
Minister Pargendler recalled that there was a lack of pre-established evidence to recognize the serious harm to the public interest, which cannot be subjective in nature. A study by the Treasury could at least be used to demonstrate that the lack of the seal would result in major tax evasion when importing wine. “Either the allegation is supported by being a well-known fact of reality or it must be supported by some pre-constituted evidence”, said the minister. With information from the STJ Press Office.